When filing an answer to a civil complaint, you can deny the allegations made against you, but simply stating that you are filing for bankruptcy does not automatically affect the response to the complaint. Bankruptcy can provide an automatic stay on certain legal actions, but it is essential to properly file the bankruptcy petition and notify the court. It's advisable to seek legal counsel to ensure that you respond appropriately to the complaint while also handling your bankruptcy filing correctly.
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.
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.
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.
In California, answering a civil suit involves filing a formal response to the complaint within 30 days of being served. The response can include an answer, where you admit or deny the allegations, or a motion to dismiss if applicable. It's crucial to follow the California Rules of Court and include any affirmative defenses you may have. Failing to respond can result in a default judgment against you.
They deny civil rights.
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.
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.
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.
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.
list defenses
To deny a statement in a complaint, you should clearly and specifically refute the claim by stating that you do not agree with it. Use precise language to indicate which parts of the statement you are denying, and provide a brief explanation or evidence that supports your denial. It's important to maintain a professional tone and ensure that your response is structured according to the legal or procedural requirements relevant to the complaint.
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.