I have to respond to a summons for small claims court, I have agreed to payment plan with the person sueing me. They have sent me a letter saying they accept the agreement. What does my response to the court have to contain? Is there any template that I could follow? This is in Florida.
2007-02-12 09:15:32 · 10 answers · asked by Margo F 1 in Politics & Government ➔ Law & Ethics
A summons is essentially an order to appear. If you've reached a mutually acceptable agreement with the Plantiff in your case, then the judge will simply stamp his "approval" with the actions of the case that was agreed upon!
You don't need an attorney and it sounds like you're doing the right thing to meet your obligations with the Plantiff.
Hang in there!
2007-02-12 09:19:56 · answer #1 · answered by KC V ™ 7 · 2⤊ 0⤋
"Figuring" really had a good suggestion. If you've agreed to a payment plan, sent it to the Court and asked to be excused from appearing because you have settled the matter. You can do it in a letter, just be sure to put the names of the parties (you and the creditor) and the Court number on the letter. The good thing about small claims court is that you do NOT need an attorney. This is a "people's Court." In the worst case scenario, you appear when scheduled and tell the judge you consent to judgment being entered against you accordance with the payment plan agreed upon by you.
2007-02-12 09:28:50 · answer #2 · answered by David M 7 · 0⤊ 0⤋
Lawyers cannot counsel you in Small Claims Court. They may counsel you before and after. Does the summons require you to appear in court? If so go and the judge will ask you if you agree, you'll say yes and he will order it. If you can respond in writing a letter to the court stating you agree with the provisions of the agreement are sufficient. Make sure and include a copy of the agreement with your letter.
2007-02-12 09:30:00 · answer #3 · answered by meathookcook 6 · 0⤊ 0⤋
Go to your muni/superior court's website (county which case is heard) and there will probably be a self-help site for small claims and will have step-by-step instructions on how to file an answer and appear in small claims court.
You will fill out an answer and appear to show that an agreement has been made. The person will still seek a judgment against you just in case you default on the payment plan. You would put that in your answer. The judge pro tem would then write out a stipulation for judgment and that would be entered.
Upon completion of the payment plan, the Plaintiff will have to file a Satisfaction of Judgment which will release you from the claim.
2007-02-12 09:21:01 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Show up for your court date.
Take the signed agreement with you.
You cannot take a lawyer to small claims court with you.
2007-02-12 09:35:46 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I don't know about Florida but in California there is a small claims clerk. If both sides agree, it may be possible to avoid having to show up at the scheduled hearing. Most cases settle.
2007-02-12 11:57:19 · answer #6 · answered by mattapan26 7 · 0⤊ 0⤋
Since you have completed a written payment agreement, take that document with you when you appear in court. You should not need a lawyer. Be sure that your documentation is in order.
2007-02-12 09:23:41 · answer #7 · answered by david42 5 · 0⤊ 0⤋
The court needs a copy of the agreement. You could probably just mail it in but don't take my word on it.
2007-02-12 09:21:11 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I would go to court to have an official record of everything. I wouldn't handle transactions on my own. As a minimum, I would have a lawyer to handle interactions between myself and the plaintiff.
2007-02-12 09:26:23 · answer #9 · answered by Kilroy 4 · 0⤊ 0⤋
Send them an email saying 'SCREW OFF LEACH BASTARDS'
2007-02-12 09:25:07 · answer #10 · answered by Tyrone 2 · 1⤊ 0⤋