ShouldI send a sworn denial form in answer to a summons from a creditor?

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ShouldI send a sworn denial form in answer to a summons from a creditor?

I was issued a summons to appear in court for a credit card debt that was bought from the original creditor. I read on-line that I should send the attorneys handling this case a sworn denial form and they then would probably back off. Is this a good idea? If so, where do I get one? I have been out of work since December and have exhausted my savings . What should I do?

Asked on February 17, 2011 under Bankruptcy Law, Colorado

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should file an answer to the complaint.  The complaint is the lawsuit attached to the summons.  If you don't file an answer, you will lose by default. 

At the law library, look for answer to complaint in the index of Pleading and Practice.  This will give you the general format for an answer and some sample answers to complaints.  The answer denies the allegations in the complaint.  At the end of the answer is the verification which you should include.  The verification attests to the veracity of the statements in the answer under penalty of perjury.  You will need to sign and date the verification.  

File the answer to the complaint, verification and an attached proof of service with the court.  The proof of service verifies the date of mailing to the opposing counsel representing the creditor.  You can either use a court form proof of service or you can write your own.  If you write your own proof of service, it just says that you are at least 18 and the attached documents were sent via first class mail unless otherwise specified to __________ (name and address of attorney for the creditor) on ________ (date).  Sign and date the proof of service under penalty of perjury.  The date you sign the proof of service should be the same as the date of mailing and the date you file it with the court.  After filing the documents with the court, mail a copy to the attorney for the creditor.

The attorneys will not "back off" because you file an answer to the complaint.  This is just the beginning of litigation, but if you don't file the answer you will  lose by default as mentioned above.

 I would recommend that you write an answer to the complaint based on the examples and format in Pleading and Practice.  The sworn denial form you mentioned is probably just a reference to an answer to a complaint which denies the allegations in the complaint under penalty of perjury. 


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