0
When filing an answer to a civil complaint can I deny and say I'm filing for bankruptcy?
Wiki User
∙ 10y agoWant this question answered?
Be notified when an answer is posted
Add your answer:
Earn +20 pts
If you have a credit card and use it just before filing bankruptcy can a creditor deny your bankruptcy?
If you are on the brink of bankruptcy... you probably can't get a credit card. Opps... didn't read that right. Sorry. I really don't know.
Answer to a complaint?
If you are served a complaint, you have 20 days to file your answer with the court. In your answer, you admit or deny the allegations in the complaint.
What is an answer and cross-complaint?
In Civil Law, an “answer” is the first formal response given by the defense to a complaint filed with the court by the plaintiff. This opening written statement will admit or deny the allegations, or demand more information about the claims of wrongdoing.
Do same-sex marriage bans deny civil rights or civil liberties?
They deny civil rights.
How do you file an answer to complaint to Florida civil court?
Civil suits are filed in civil court in the city or county where the defendant resides, whether the plaintiff is a creditor or the *"injured" party. The time frame between the filing of a suit and when it is heard varies greatly between jurisdictions. Most state courts have backlogs of civil suits that being the case such matters might take years before they are resolved. The time in which a creditor has to file suit against a debtor is regulated by the statute of limitation laws of the state where the debtor resides.
Is there a form to answer a summons in Gwinnett County Ga for a civil lawsuit?
There is no specific form that must be used to answer a summons in Gwinnett County. Generally the summons is delivered with a complaint; the complaint should be answered paragraph by paragraph with an admission, denial or statement that not enough facts are known to either admit or deny the allegation of the complaint.
What is the format for an answer to a civil suit?
Rules of Civil ProcedureThe format is up to you, as long as you follow the Rules of Civil Procedure for your state. They will tell you, for example, that your answer to each complaint (claim) against you must state either that you Affirm, Deny or don't know about the claim. Usually you have to state in "simple and plain statements" and show evidence to back up what you say. You cannot merely say you DENY. In most if not all states, anything that is not specifically denied is thought to be admitted/affirmed. There are Federal Rulels of Civil Procedure, which most states seem to mirror. They tell how to make pleadings and how to answer, etc.Normally the paragraphs in the complaint will be numbered, and your answer will correspond to the numbers in the complaint. You admit what you need to admit (like undisputed or immaterial facts) and deny what is critical to deny (any paragraphs that would accuse you of liability). If you aren't sure what to do about one paragraph or another, you normally would say that you "lack information and belief" with concern to that particular claim, which essentially means you don't know enough about the facts of the case to affirm or deny the claim.
Can a car dealership deny you after bankruptcy?
Yes, absolutely. They can and they most likely will deny you credit. However if you are paying in full and not applying for finance there would be no reason to deny you.
What one thing can't the defendant do when answering a complaint A deny the complaint's allegations B list defenses C admit to the complaint's allegations D defer answering for 180 days?
list defenses
What does it mean to file a written response after you have been summoned?
A written response, normally called an Answer to the Complaint, is your opportunity to deny the allegations made in the complaint against you. The complaint was in writing and served upon you. You must therefore do the same. You answer each numbered allegation in the complaint one by one. Some you'll have to admit and some you will deny. Others you will neither admit nor deny but leave plaintiff to prove it. Once the court receives the answer it will be treated as a contested matter and put on track for trial. In addition to making denials of the allegations in the Complaint, you will have to raise what are called Affirmative Defenses. Check the court rules for the affirmative defenses that must be raised.
What are th steps to filing chapter 11?
In a Chapter 7 bankruptcy, the income of the person filing will be subject to a two-part test. First, your income will be calculated with exemptions such as rent and food to determine whether you can afford to pay 25 percent of your unsecured debt such as your credit card bills. Second, your income will be compared to your state's median (middle) income. You won't be allowed to file for Chapter 7 if your income is above your state's median income and you can afford to pay 25 percent of your unsecured debt. Even if your income is below the state's median income and you can pay 25 percent of your unsecured debt, the court may still deny your Chapter 7 filing. There will be very few exceptions to this test, no matter how sympathetic your case is. If you pass the tests then the actual process of filing for bankruptcy will involve filing a two-page bankruptcy petition in which you identify your assets/property/debts etc. You will also meet with a trustee of the bankruptcy court who will go through your papers and conduct a creditors meeting. The process will take about 4-6 months.
How often do bankruptcy attempts fail and why?
Bankruptcy laws are being tightened up. Although overall bankruptcy reform is still tied up in Congress. The honest consumer who has fallen on hardtimes for whatever reason will not have a problem getting a bankruptcy discharge. The majority of filings are simple and done in a timely manner. Those that are dismissed are due to the result of use of fraudulent information, faults in documentation, etc. Sometimes the trustee will decide the debtor has the ability to repay at least a portion of the debt and will deny a Chapt. 7 filing in lieu of a 13. Any dismissal by a trustee can be appealed.
