What Should I Do If I Get Sued?
by
Theodore L. Araujo on May. 08, 2012
Lawsuit & Dispute Bankruptcy & Debt Consumer Rights
Summary: This article tells you how to file an Answer if you get sued and directs you to the free form.
Get the Paperwork and Read It!
Many people procrastinate, run away, hide or refuse to open their mail when they get sued. That is why 90% of all lawsuits end up in a "Default Judgment". Take the bull by the horns and defend yourself right away! The Summons tells you that you are being sued, who is suing you and that you have 10, 20 or 30 days to "appear by way of an Answer" depending on the "method of service." Don't wait that long. Fill out the form and mail it to the attorney and bring it to the Court Clerk (not the Court Room) right away! There will be no Court for you if you do not first file the Answer!
Get The Answer!
On my website is a document I call the Answer. The website is www.bodowlaw.com It is two pages long and has some instructions to fill it out. Print it out, it is free. Use it anywhere in the Country! Follow these instructions...also,... Disclaimer: Please note that this does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
Copy Stuff!
In the portions of the form that correspondend to (i.e. look the same as) the spaces that look like areas the Summons and Complaint copy the title, the persons named therein, the Index Number, and on the second page the name and address of the ATTORNEY suing you to whom a copy of this form will be sent.
Answer the Complaint!
In paragraphs 1, 2 and 3, the Answer states that you Admit (1), Deny (2), or you state that you don't know (3), or as we lawyers like to say you "State that you lack sufficient knowledge or information sufficient to form a belief". There are other paragraphs in the Answer, like the possible "Affirmative Defenses" that you have to prove if you check them, but I NEVER advise people on those for this form (that might make me your lawyer, and I only do bankruptcy in Upstate New York). Be creative! Most lawyers are... Read the numbered paragraphs on the Complaint and write the corresponding numbers that you Admit, Deny, etc., on the corresponding line. Almost 100% of lawyers would deny the amount owed because they do not know how that number was arrived at and by the time you are sued there are so many fee's, charge's etc., that the bank probably does not know how they came up with the number either!
Run to the Mail Box!
First Class postage...envelope with a copy of the document in it mailed to the attorney suing you...then...drop it in the mail, and...
Ride, Run or Mail the document to the Court Clerk!
I prefer hand delivery, but you are not going to Court. Go to the Court Clerk and file the Answer with them right away in the Court where the suit is filed. i do not know where that is because I am not you! They do not charge anything for you to file the Answer! Get down there now with extra copies!
If you do this right away?
No Default Judgment. You may get paperwork later that will require you to use an attorney to defend the case, but at least you have bought yourself some time and prevented the creditor from garnishing your wages or freezing your bank account. Everyone has the right to file The Answer. You have the right to make them prove their case. Exercise those rights!
