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I received a summons from circuit court indicating I had 21…

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I received a summons...

I received a summons from circuit court indicating I had 21 days to respond by filing in the clerk’s office a pleading in writing, in proper legal form, the allegations and charges may be taken as admitted and the court may order, judgment, or decree against such party either by default or after hearing evidence. I am not being sued, but don’t know how to respond

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

It’s in Virginia Beach. Preferred Escrow & Title, inc. issued me a check from our closing which I edeposited and returned as “refer to maker.” Since then the owner has been audited by a lot of people including international auditors.

Lawyer's Assistant: Has anything been filed or reported?

I think so. Towns Bank is listed as the plaintiff with several businesses and individuals listed on the summit summons I received

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don’t think so. I have never been involved in anything like this. It’s actually a scenario you would hear on dr. Phil!

Submitted: 4 months ago.Category: Legal
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Answered in 5 minutes by:
3/7/2018
Lawyer: Olivia Kent, Attorney replied 4 months ago
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,070
Experience: Partner at Kent Law Group, LLC
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.

Give me just a moment to review what you've written.

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Lawyer: Olivia Kent, Attorney replied 4 months ago

What can I answer for you?

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Customer reply replied 4 months ago
I received a summons and need to know how to reply. It says “within 21 days after such service, response is made by filing in the clerk’s office of this court, a pleading for n writing, in proper legal form, the allegations and charges may be taken as admitted and the court may enter an order, judgment, or decree against such party either be default or after hearing evidence
Lawyer: Olivia Kent, Attorney replied 4 months ago

And what is it a summons for? What does the case relate to?

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Customer reply replied 4 months ago
Ok, this is against Preferred Escrow &Title, Inc. A check was issued to us by this company and was returned “refer to maker.” She is under investigation for wire transfer fraud among other charges. She overdrew her Escrow account resulting in many issues with funds. Really, when all is said and done, it is a real life Dr. Phil show! Woman meets man on internet, never saw him or talked to him, it he fished her out of lots of money!
Customer reply replied 4 months ago
Please cancel my phone call request.
Lawyer: Olivia Kent, Attorney replied 4 months ago

What is refer to maker?

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Lawyer: Olivia Kent, Attorney replied 4 months ago

Who overdrew "her" escrow account? I'm sorry - I am not at all following what you're speaking about.

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Customer reply replied 4 months ago
Preferred Escrow & Title owner Tammy Cheek, owner. Refer to maker is a generic term banks use when it is undetermined why the check is being returned. It could be a freeze on the account. Tammy wrote checks to several people/companies that were returned. Just a few, Suntrust, city treasurer for the city of Norfolk, Langley FCU, Pennymac Loan services, realators commission checks bounced,Wells Fargo financial national bank, just to name a few.
Lawyer: Olivia Kent, Attorney replied 4 months ago

I believe you mean "return to sender"

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Lawyer: Olivia Kent, Attorney replied 4 months ago

essentially, you need to respond to the summons and complaint line by line in response to each line in the complaint. I still don't understand exactly what you're being "accused" of or if you're just tangentially related to the complaint or if they feel you did something wrong.

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Customer reply replied 4 months ago
No, “return reason-s refer to maker” I’m looking at the check and looked up the meaning on the internet
Lawyer: Olivia Kent, Attorney replied 4 months ago

Okay, so it's a stamp on the check basically saying insufficient funds....

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Customer reply replied 4 months ago
I’m not being accused of anything. I am in this because of Tammy’s check being returned. So, how do I get this in the context they are asking for? Can I just type something out?
Lawyer: Olivia Kent, Attorney replied 4 months ago

You could ask the court for a sample, a template to respond.. but you absolutely need to respond b/c people who don't respond can lose their ability to respond permanently.

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Customer reply replied 4 months ago
There is also the term Interpleader. I have a letter from a law firm that is in response. The court has no information for me. When they say proper legal form. Does that mean the document that says file accordingly on behalf of....? It has lines down both sides of the paper? And if so, how do I get ahold of this paper?
Lawyer: Olivia Kent, Attorney replied 4 months ago

Do you have a copy of the actual document you received? The court should be able to provide you with at least that so you can determine whether you need to file a notice of appearance or an answer.

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Customer reply replied 4 months ago
I’m not understanding. I have a copy of what Plumlee&overton & Overton, P.C sent. The court cannot give me any advice as to what I am supposed to do, and, they do not have a form
Lawyer: Olivia Kent, Attorney replied 4 months ago

Can you attach what they sent you?

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Customer reply replied 4 months ago
I can, how can I send it to you, fax, scan, or just a picture of what I think I need from my phone
Lawyer: Olivia Kent, Attorney replied 4 months ago

an attachment here would be fine.

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