If you choose to admit to an allegation, make sure that you agree with it completely. You can also include affirmative defenses with your answer. You will need to choose the appropriate defense based on your case. This might include a defense based on the statute of limitations, lack of standing, or failure to state a claim upon which relief may be granted. You will also need to file papers showing that you served the answer to the opposing attorney. After you submit your answer, your case will move into the discovery phase.
Both sides can submit a request for admissions, request for disclosure, request for interrogatories, and a request for production of documents. Essentially, both sides use the discovery phase to gather evidence to use in court. If you have an attorney to represent you, he or she will ensure that your side receives the evidence needed for trial. After discovery is finished, both sides typically file motions. If this motion is granted, the judge will enter a judgment against you and make you pay the debt.
Each state has different laws regarded how old of a debt can be collected on in court. If the debt is outside the statute of limitations, the court will dismiss the claim. Debtors who believe the debt is invalid can file a counterclaim against the plaintiff. In this case, the same judge will hear both claims at the same time and issue individual judgments for each. In this case, they may cancel each other out. This means the party is insolvent, and the court reviews financial paperwork to verify this.
Whatever happens, ignoring service of papers is never a good idea. If in default, the debtor should be prepared for any consequences that may arise.
Sometimes people are individually held responsible for business debts. Debtors with court judgements against them have trouble securing credit, obtaining employment, and even end up in jail. Terms and Conditions - Privacy Policy. There are two other conditions that must be met for a creditor to serve papers on a debtor. Sheriff or Process Service The plaintiff can opt to have the court serve papers.
Service by Publication Some states allow for service by publication in a specific list of widely circulated local media outlets. Registered Mail A court summons, complaint, or subpoena may also be sent via registered mail.
Self-Service The final way to serve papers is self-service. Serve on all other parties. Whether you file an Answer, a Counter-Petition or any other paper in your case, you must give a copy of each paper to each party in the case. To serve papers such as an Answer after the case is filed, send them by certified mail, fax, or hand delivery.
Get a receipt if you hand deliver. If you hand deliver the papers, get a receipt so you have proof that the person received them. How to serve a party. If a party is represented by a lawyer, serve the lawyer. Apply Online.
Note: Covid is changing many areas of the law. Visit our Covid articles for the latest information. I was never served with a lawsuit, do I need to go to court? Displaying information for [ change ]. Question I heard a collection case had been filed against me.
Answer You must be served with a Summons and a copy of whatever Complaint or Petition that was filed against you. Last reviewed. Last revised. Motion Easy Form. A program to help you complete the forms to ask a judge to do something in a case you are involved in. Respond to a lawsuit Easy Form. A program to help you create Answer and Appearance forms to respond to a lawsuit. Appearance Easy Form. A program to help you tell the court and the other parties that you are participating in a court case.
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