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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 37666
Experience:  30 years in civil, probate, real estate, elder law
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Civil summons

Customer Question

civil summons
Submitted: 13 days ago.
Category: Legal
Expert:  Ray replied 13 days ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 13 days ago.

Can you give me more here, where you served with civil suit and need to file answer, what state here.Some more information please, thanks.

Customer: replied 13 days ago.
North Carolina, a civil summons
Customer: replied 13 days ago.
I have to appear in court Jan 28. My understanding is that time limitations are in effect
Expert:  Ray replied 13 days ago.

A summons is a notice to appear in court to answer a claim. The summons will include information about the nature of the case, the court's name and location and the parties to the action. In North Carolina, civil cases such as divorce and cases involving less than $10,000 are heard in District Court. Civil cases involving more than $10,000 are heard in Superior Court. Both the Superior Courts and the District Courts sit in the county seat of each county.

Verify the date that is the deadline for responding on the face of the summons. You want to be aware of your deadline so that you know how much time you have to respond and so you don't default on the case.

Draft an answer to the complaint. A summons is usually accompanied by a complaint. If you did not receive a copy of the complaint, you must request a copy from the opposing party or retrieve a copy from the courthouse. Respond to each allegation in the complaint separately in plain language and with concise statements. There are three potential responses. The first is an admission. You might admit that your name is***** and that you reside at Mockingbird Lane, if this true. The second type of response is a denial. If you dispute or are unsure about an allegation of fact in the complaint, deny it. The third type of response is a statement that you do not have sufficient information to formulate a reply. If the complaint says that the plaintiff was on his way to church at the time of the accident, you may not be in a position to know one way or the other.

Expert:  Ray replied 13 days ago.

Answer form

Get case number, court, etc off of complaint

ANSWER

Comes now, the defendant, JOHN DOE, for himself alone and in answering the allegations of the complaint on file herein, affirms, denies, and alleges as follows:

1. Answering the allegations of Paragraph 1 of the complaint, defendant affirms the statement.

2. Answering the allegations of Paragraph 2 of the complaint, defendant affirms the statement.

3. Answering the allegations of Paragraph 3 of the complaint, defendant affirms the statement.

4. Answering the allegations of Paragraph 4 of the complaint, defendant affirms the statement.

5. Answering the allegations of Paragraph 5 of the complaint, defendant affirms the statement.

6. Answering the allegations of Paragraph 6 of the complaint, The Defendant denies the alleged debt to be caused by the defendant and has no specific knowledge of alleged debt, and requests specific and detailed proof of alleged debt.

7. Answering the allegations of Paragraph 7 of the complaint, The Defendant denies the alleged debt to be caused by the defendant and has no specific knowledge of alleged debt, and requests specific and detailed proof of alleged debt.

.

8. Answering the allegations of Paragraph 8 of the complaint, defendant denies the statement.

9. Answering the allegations of Paragraph 9 of the complaint, defendant lacks sufficient knowledge or information about the truth to admit or deny the allegations in the paragraph. Based on this lack of information, defendant denies the statements contained within the paragraph.

10. Answering the allegations of Paragraph 10 of the complaint, defendant lacks sufficient knowledge or information about the truth to admit or deny the allegations in the paragraph. Based on this lack of information, defendant denies the statements contained within the paragraph.

11. Answering the allegations of Paragraph 10 of the complaint, defendant lacks sufficient knowledge or information about the truth to admit or deny the allegations in the paragraph. Based on this lack of information, defendant denies the statements contained within the paragraph.

12. Answering the allegations of Paragraph 12 of the complaint, defendant lacks sufficient knowledge or information about the truth to admit or deny the allegations in the paragraph. Based on this lack of information, defendant denies the statements contained within the paragraph.

II AFFIRMATIVE DEFENSES

FIRST AFFIRMATIVE DEFENSE

1: Plaintiff’s action is barred to the extent that any amount claimed to be owed is incorrect.

2. The plaintiff has not proved any debt to be valid and/or the amount of the debt to be accurate. The plaintiff must prove that the principal amount, collection costs, and attorneys fees are all correct, agreed to in contract, and lawfully charged.

3: The plaintiff has not proved the debt to be the fault of the defendant.

SECOND AFFIRMATIVE DEFENSE

1: Plaintiff's Exhibit "B", Does not name the defendant, contains no specific terms as to this defendant's particular account, and contains no signatures or account type(s) for witch the rules apply.

THIRD AFFIRMATIVE DEFENSE

1: Plaintiff’s claims are barred to the extent that the Plaintiff does not state a claim upon which relief may be granted.

FORTH AFFIRMATIVE DEFENSE

Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.

WHEREFORE, the Defendant prays unto the Court as follows:

1. That the action on the Complaint be dismissed with prejudice.

______________________

Your name ,defendant

File your answer here and this puts all in dispute and you can contest all .

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.Good luck here.