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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 41536
Experience:  30 years in civil, probate, real estate, elder law
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I am power of attorney for my neice, who is mentally

Customer Question

I am power of attorney for my neice, who is mentally disabled. She is being sued by Four Seasons Trailer Park in Elhart, IN. ( They are wanting $6000 in the suit. (not sure for what) My neice lived in a trailer in the park for 4 years My sister owned the trailer, and she passed away 3 years ago.
JA: What state is this in? And how old is the mobile home?
Customer: Indiana
JA: Has anything been filed or reported?
Customer: Yes, they have filed a suit There is a court case number
JA: Anything else you want the lawyer to know before I connect you?
Customer: My neice's name has never been on the lease.
Submitted: 7 months ago.
Category: Legal
Expert:  Ray replied 7 months 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 7 months ago.

You need to file an answer here for your niece.You would argue she is no a proper party to the lease and cannot be sued for this debt.I agree with you that if you challenge this she should be dismissed from the suit.She is not a proper party under the suit.She was not on the lease and should have no personal responsibility here at all.You have great facts to dispute this on her behalf here.

Expert:  Ray replied 7 months ago.

Sample

Attorney

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Anytown, US 12345

DISTRICT

COURT OF ___________________

Joe Smith,

Plaintiff,

vs.

ABC Plumbing, Inc,

Defendant

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)

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Case No.

: 123456

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123

ANSWER

As the Defendant, you’ll want to address and answer each paragraph or count

brought from in the Complaint in the order it was present in the Complaint. After you

have responded to all counts or allegations, then any affirmative defenses (additional

issues raised by yourself) can be addressed such as Failure to State a Cause of

Action, Statute of Limitations and Failure to Property Serve).

COMES NOW the Defendant ABC Plumbing, Inc. in answering the allegations of the

Complaint on file herein, affirms, denies and alleges as follows:

Answering the allegations of Paragraph 1-5 of the Complaint herein, Defendant

affirms all facts.

Answering the allegations of Paragraph 6 of the Complaint herein, Defendant

affirms in part based on his knowledge of the incident, but denies that the injuries

sustained were a result of his plumbing work performed at the residence.

Answering Count 1 – Negligence of the Complaint herein, Defendant denies all

allegations. On or about July 1, 2009, Defendant was contracted to perform plumbing

work on the Plaintiff’s bathroom and kitchen at his residence. On or about July 5,

2009, Defendant performed all plumbing work as agreed upon in the residence and did

not perform any work related to the wiring of the Plaintiff’s residence. Furthermore,

the plumbing work performed was completed by the Defendant in a safe and effective

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manner. This work was not the proximate cause or the cause-in-fact of the injuries

sustained by the Plaintiff.

The Defendant now brings forth the following Affirmative Defenses:

DEFENSE 1 – Failure to State a Claim

Defendant answering the Complaint herein, alleges that all allegations and

counts brought forth therein fails to state a claim for which relief can be granted.

As with the Complaint, typically there will be several defenses brought forth

depending on the complexity of the case.

WHEREFORE, Defendant prays that the Plaintiff take nothing and the Defendant

have judgment against the Plaintiff and recover the costs of suit herein, and such

other relief the court may deem proper.

Dated this 1st day of January, 2010

Your name POA for her name, defendant

Address

Address

This would allow you to dispute this and avoid a judgment.

I appreciate the chance to help you today.I wish you the best.

If you can positive rate it is much appreciated