Re: Super problems with answer letter

Posted by Boadicea (66.149.179.202) on June 15, 2004 at 13:59:52:

In Reply to: Super problems with answer letter posted by qutgnt on June 15, 2004 at 12:29:30:

Do not try to dazzle anybody with BS, it will only get you in trouble.

Remember this: 1) No one is going to cut you any slack because you're pro se. If you're acting as your own lawyer, you will be expected to know the law and defend yourself as a lawyer would.

2) Too much legal jargon for the sake of appearance will hurt you more than the bare basics. Your goal is to counter them and make them prove their allegations, not show that you have the verbal skills of a jailhouse lawyer.

3) You need to back up everything you say with law. You need to read the statutes, understand them and cite them in your answer were applicable. Don't use anything that doesn't apply or that you can't back up if countered, or you will open the gate for them to have your answer stricken from the records.

4) Denying knowledge is a more powerful tool than you think. It puts the burden of proof back on the plaintiff. You need to understand that it's not your job to prove anything, it's theirs. Don't shoot yourself in the foot by trying to prove anything, or wow the court and the CA attorney. It won't work and will look like so much bluster.

5. Handle the paragraphs in the complaint separately. If you agree with the ENTIRE paragraph, then say you "agree that the allegations in paragraph X are true." If you know that the ENTIRE paragraph is wrong, then "deny that the allegations in paragraph X are true." If you agree with part, but not all, then you need to "deny the allegations, except for (then cite the sentence or allegation)." If you don't know if the allegation is true, then you say you "have insufficient knowledge to form a belief as to the truth of the allegation in paragraph X."

Here is the link to my response to you in the archives where I gave you some useful links. There are others in the archives where I gave you links to the statutes themselves and some sample answers: http://www.cardreport.com/wwwboard65/messages/49122.html

You will also find a sample answer at the end of the following document: http://www.nwjustice.org/pdfs/205.pdf. The web site is listed in Why Chat's information on how to answer a lawsuit beyond SOL.

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