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Re: Court appearance


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Posted by DAVE (205.188.209.144) on January 04, 2004 at 19:12:52:

In Reply to: Court appearance posted by Linda2 on January 04, 2004 at 18:36:27:


YOU HAVE TO FILE AN APPEARANCE!!!

Understand I said FILE. You are obviously not an attorney, thats ok. But here's how a lawsuit works, so that you can save yourself some stress and learn a little. An appearance doesnt mean that you actually GO TO COURT, it means that you filed a piece of paperwork. You need to file a notice of appearance or yes, you will lose by default.

When you get sued, you get a SUMMONS AND COMPLAINT, it stated that you must appear or you will lose by DEFAULT, a default is a judgement that says you lose because you didnt respond.

If you file your notice of appearance and another form called an ANSWER, the suing party must go to trial or something similar. You dont need to provide and defenses or arguments on the answer really, you can just say that you disagree with anything really: the amount, responsibility or whatever.

When you file this paperwork you have effectively ANSWERED AND RESPONDED to the complaint, and now you are in a much better spot to negotiate or simply ignore the suit and it might possibly even just go away, CA's rarely take an answered complaint to trial as it costs them both time and money still with the possibility they could lose.

SO, I dont know where you live, but a good place to get some free court forms is www.NWJUSTICE.ORG it is designed for WA but you can just type up similar forms with your courts name and file them. They DONT have to look good, the court understands that youre not an attorney, they just have to be filed ON TIME!!!

Filing is free, you just give it to the clerk and she will stamp it and you send a copy to their lawyer and youre done!!!

GOOD LUCK and DONT LOSE BY DEFAULT!!!!!


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