Ok, I've read so much & so confused!! I called the court the other day when I was planning on turning in the answer, but I have a few more days....gonna get it in this week.
Between rules of Civil Procedure (which there seems to be a little bit different ones for small claims....confusing
?) & Arbitration stuff (way confused on), I'm so bad confused.
I'm even confused on what format/order to answer these things.
On the 1st page, which is the SUMMONS, it states "The Statement of Cliam (Complaint) which is attached to summons is important and you must take immediate action to protect your rights. You or your attorney are required to hand deliver a copy of a written answer either admitting or denying each allegation in the Statement of Claim (Complaint) o the plaintiff's attorney. Fill out the enclosed answer form and deliver or mail it to the court clerk."
On this STATEMENT OF CLAIM (Complaint) General close to the bottom it says
1. I claim the defendant owes the plaintiff the sum of $x,xxx because:
1. I claim the defendant owes the plaintiff the sum of $X,XXX because:
I. Defendant owes plaintiff $X,XXX due on ACCOUNT STATED between the Plaintiff and Defendant
II. Defendant owes Plaintiff $X,XXX due BY CONTRACT between the Plaintiff and Defendant
2. Plaintiff also claims ....court costs in the sum of....
Then, the next two pages are the ones that start out "IN THE SMALL CLAIMS COURT
MIDLAND FUNDING, Plaintiff
Plaintiff, Midland Funding, claims of the Defendant $X,XXX plus costs of this action. As grounds therefore the Plaintiff shows as follows:
2. ...Proper county...
3. Midland successor in interest to BofA, assigned all right, title & interest in the account & it's records for below identified account which records have been incorporated into the business records of Midland. Assignor provided a credit card with account number ending in -XXXX to Defendant in response to an application for credit made on or about XX/XX/05.
4. The Defendant used the card to purchase goods and services....
5. The Defendant defaulted under the agreement...
6. Assignor mailed regular statements...
7. The account was charged off to loss on or about XX/XX/08.
8. Through its undersigned attorney, Midland has demanded payment from Defendant, but Defendant have not satisfied such demand.
9. Midland has performed all conditions precedent to the filing of this action, or all such conditions precedent have occurred.
COUNT ONE - BREACH OF CONTRACT
10. The parties had an agreement, Assignor agreed to pay merchants or vendors....as authorized nder the credit agreement.....The Defendant were obligated under the terms of the credit agreement to repay...
11. The Defendant breached the agreement by failing to remit payment when due...
COUNT TWO - ACCOUNT STATED
12. In the alternative and without waiving, and incorporating by reference the amounts claimed, Midland asserts that Defendants' use of credit card to purchase goods and services represent a periodic account, for which Assignor rendered monthly statements to Defendants.
13. Plaintiff reserves the right to assert other claims and/or add other parties as may be later discovered during the course of the proceeding.
Then, it has the DEFENDANT's ANSWER form.
From my understanding, I send the STATEMENT OF CLAIM to the plaintiff's attorney & the DEFENDANT'S ANSWER FORM to the court...correct?
Where does that other page come in? How do I format to answer?