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No!!!!!! Looks like your trying to pay them off,Its up to the court!!!! You can file a counter claim!!!!

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โˆ™ 2008-04-02 06:44:04
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Q: Can the amount of money being filed for in a civil action be sent to the plaintiff as the answer to the summons No court date just request for answer?
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What is the meaning of 'Now comes plaintiff through counsel and states the following costs in this action' on a civil summons?

Someone is taking legal action against you and if you lose then you will be responsible for the costs as explained in the letter, you need to seek legal counsel to get help in this matter. It's "legalspeak" and it simply means that the attorney for the creditor/person that is bringing the suit (plaintiff) is informing the court and the defendant (debtor) the amount of debt he or she is being sued for plus legal costs and filing/court fees.


How do you answer a summons for a credit card debt?

First, make sure that the document you received is actually a summons to appear. A summons must contain a docket number and a court date. Many collection agencies or collection attorneys use a summons as a scare tactic, in order to get you to pay your defaulted amount. However, if it's an actual summons to appear, the last thing you want to do is not show up. If you don't appear, the plaintiff will get a default judgment from the court. With a judgment in their favor, they may garnish your wages or freeze your assets in order to collect on the defaulted amount.


If the plaintiff wins a small claims lawsuit can interest be added to the debt after the amount stated on the summons has been paid?

Not if the debt was paid in full to the satisfaction of the creditor plainitff accompanied by written confirmation. Usually the summons will state the original amount of the debt, plus interest accrued, applicable legal fees, court costs and any administrative fees. Simply paying the original balance of the debt only is generally not sufficient.


What is Request of entry of default?

When a person (the plaintiff) sues someone (the defendant), the defendant gets a certain amount of time to respond to the lawsuit (times vary by state). If the defendant does not respond to the lawsuit within the time period prescribed or does not show up to court on the day he or she is supposed to, the plaintiff will ask for (and the court will usually give) a default judgment. Simply put, the plaintiff wins because the defendant did not make an effort to defend themselves. A request for entry of default is when the time has passed for the defendant to respond to a lawsuit and the plaintiff is asking for a default judgment. This only applies to civil cases, not criminal cases.


What does prayer amount mean in a civil case?

The "prayer amount" is the demand for a specific dollar amount of damages. At the ender of the allegations of a count of the complaint, plaintiff prays for jdgment in an amount of damages plaintiff thinks the case is worth. That is obsolete now as most suits now have a "demand amount" instead.


Can a defendant request a reduction of payment of a small claims judgment?

If what you mean is that a judgment has been entered against you, and you wish to pay a lower amount, you certainly can try to compromise with the Plaintiff. Frequently, the Plaintiff will see it as a chance to get a sum certain within a short period of time, and thereby, worth it to compromise the total amount. In order to get that sort of compromise, it is helpful that you have cash in hand ready to be paid quickly. Keep in mind that once a judgment has been entered, the Plaintiff has no obligation to reduce the amount. It then becomes purely a business transaction.


How long is the notice period for a court summons?

This varies from state to state. The summons should tell you the amount of time you have to answer. If it does not say, contact the court clerk or an attorney in your area.


Will you be arrested if you do not show up to small claims court?

No. However, the Plaintiff will be awarded a judgment against you for the full amount the Plaintiff requested. Once the Plaintiff gets a judgment against you, you may be required to come to court and tell the Plaintiff everything you own. In that case, if you do not appear, an arrest warrant will be issued for your arrest.


How much time is allowed to answer a summons?

That depends upon the laws of the state in which the judgment was issued, the least amount of time would be 10 business days from the time the summons was served.


What happens if you don't show up to small claims court?

The plaintiff will be awarded a default judgment for the amount demanded in the plaintiff's complaint, plus court costs and service fees.


If you are garnished are you notified by mail or a summons if you checked your bank account and a garnishment had taken place but you knew nothing of it and you have to call to find out what it is for?

If the defendant does not respond to the summons in the time indicated, the plaintiff usually wins the case by default. In such cases the judge awards a default judgement, the defendant may or may not be notified of the action depending upon the state's laws governing such issues. Once a judgment has been granted the winning plaintiff can enforce the judgment in numerous ways, one of those ways is a bank account levy/garnishment. A bank account garnishment can be in force for thirty days or until the amount is collected that is owed. Joint accounts are subject to garnishment to the amount that belongs to the debtor, it is the responsibility of the non-debtor to petition the court for the funds belonging to him or her. Joint marital counts are protected in a few states, however, the bank will generally "freeze" an account that it is not certain of, until the court rules on the validity of the garnishment order.


How do you remove a lien when you were being accused?

In this answer, 'being accused' is not considered, because that action is not explained.When a lien exists against your property title, in order to remove the lien, you must pay the full amount owed, including interest, filing and attorneys fees and so forth. Then you can request that the lien be removed.With the removal papers in hand, you return to the hall of records where the lien is recorded and pay to record the removal of the lien.Sometimes, you can accomplish all of these tasks in the office of the attorney who filed the lien on your title. If no attorney is involved, the clerk in the hall of records can guide you in the appropriate process.ClarificationIf you mean that you were being sued after being accused of some wrongdoing, an attachment was issued by the court to protect the plaintiff's interest, and the plaintiff lost the case then the plaintiff's attorney should record a discharge of the attachment. If that is the case then you can contact the plaintiff's attorney listed on the attachment and request it be discharged immediately. If they do not respond then visit the court with a copy and request its assistance.


What must a plaintiff prove?

Plaintiff is a term used in civil actions. Plaintiff must prove that the alleged tort occurred and it must be shown to have happened after a "preponderance of evidence" which is a lower legal standard than a criminal standard of "beyond a reasonable doubt." 51% is the amount of evidential proof.


What is the request of acid?

a small amount of acid


When money Judgment enter and filed for x amount after defendant failed to answer Complaint do you have to proove money claim for x amount or the Plaintiff is automatically awarded x amount?

Once judgment is awarded, the plaintiff has not further need to prove anything. The problem then becomes collecting the money awarded in the judgment. This is neither automatic, nor is it always easy.


What is Georgia's last clear chance rule under its comparative negligence laws?

Nothing in this post constitutes legal advice. Georgia generally applies a modified comparative negligence approach in apportioning fault in negligence actions. A plaintiff can recover his damages from a negligent defendant discounted by the plaintiff's percentage of fault; however, when the plaintiff's fault is greater than the defendant's the plaintiff cannot recover. So, where a plaintiff's injuries amount to $100,000, and the plaintiff is found to be 30% at fault and the defendant 70%, the plaintiff can recover in the amount of $70,000. If the plaintiff were 51% at fault and the defendant 49%, the plaintiff would recover nothing. Although Last Clear Chance is a doctrine more commonly associated with contributory negligence jurisdictions (where any negligence on the part of the plaintiff is a complete bar to recovery), Georgia preserves it and applies it both to the plaintiff and the defendant. Notwithstanding the comparative negligence rule discussed above, if a plaintiff, through the exercise of reasonable care, could have avoided the consequences of the defendant's prior negligence but failed to do so, he will be completely barred from recovery, regardless of the defendant's percentage of fault. Conversely, even though a plaintiff's negligence contributes to the incident, if the defendant had the last clear chance to avoid harm, but failed to do so because he did not exercise reasonable care, the defendant can be held liable to the full extent of plaintiff's damages (i.e., not discounted for plaintiff's degree of fault).


When you are sued by the lender for default on a vehicle loan is the suit for monetary judgment or the return of the vehicle?

The accompanying documents to the summons should state what damages/restitiution the plaintiff/lender is seeking. Generally the vehicle is repossessed, sold at public auction and then the lender takes action to recover the remaining amount plus recovery fees and penalties owed on the loan. Although now, many states have enacted legislation that allows the lender to sue for the entire amount of the loan plus applicable costs rather than go to the expense and trouble of recovering the vehicle. This action has proved to be very advantageous for the lender who wins such a suit and very damaging for the borrower. It would be prudent for the borrower/defendant to obtain legal representation or at least legal advice on the matter.


A plaintiff may choose to have a civil trial in front of a jury if the amount in controversy is greater than twenty dollars.?

true


What should you do if you had a credit card charged off 5 years ago and you just received a summons from a state attorney suing for the amount and fees and will the judgment start the 7 years over?

A judgment is not granted until the suit is heard and the plaintiff prevails. The amount of time that a judgment remains on a credit report (7 years) has nothing to do with the length of time that a judgment is valid and can be enforced. The best option is for the defendant to discuss the individual circumstances with a qualified attorney.


How can you obtain child support if they don't know if they're the father?

You need to bring a court action to establish paternity legally. Once you have supplied the information about the father to the court, it can order the proposed father to submit to a DNA test. Once paternity is established you can request a child support order and the court will set the amount according to state child support guidelines. The father can request joint custody and/or a visitation schedule.You need to bring a court action to establish paternity legally. Once you have supplied the information about the father to the court, it can order the proposed father to submit to a DNA test. Once paternity is established you can request a child support order and the court will set the amount according to state child support guidelines. The father can request joint custody and/or a visitation schedule.You need to bring a court action to establish paternity legally. Once you have supplied the information about the father to the court, it can order the proposed father to submit to a DNA test. Once paternity is established you can request a child support order and the court will set the amount according to state child support guidelines. The father can request joint custody and/or a visitation schedule.You need to bring a court action to establish paternity legally. Once you have supplied the information about the father to the court, it can order the proposed father to submit to a DNA test. Once paternity is established you can request a child support order and the court will set the amount according to state child support guidelines. The father can request joint custody and/or a visitation schedule.


A civil plaintiff may choose to have a trial in front of a jury if the amount in controversy is greater than twenty dollars?

A+ Answers "True" :)


A plaintiff may choose to have a civil trial in front of a jury if the amount in controversy is greater than twenty dollars?

A+ Answers "True" :)


What can you do to get your back child support droped do to being incarcerated in mass?

You need to contact the court and request a modification. You must act ASAP to minimize the amount of arrears.You need to contact the court and request a modification. You must act ASAP to minimize the amount of arrears.You need to contact the court and request a modification. You must act ASAP to minimize the amount of arrears.You need to contact the court and request a modification. You must act ASAP to minimize the amount of arrears.


Can the amount of garnishment be reduced?

yes request discharge and appear in court


Is there a time frame that summons to appear has to be served before a set court date?

There is no set time frame for the amount of time a summons must be served before a set court date. Each court; criminal, small claims, family has its own set of rules.