By Attorney Raven Beach
You have been served with a summons – small claims Summons and Complaint.
What should you do??
First, don’t panic!! In general, you can’t be jailed solely for owing money. It’s important to keep this in mind. However, NEVER ignore legal documents. Your next step is to file an answer – a written response – within 14 days of receiving the Summons and Complaint. A form entitled “Defendant’s Answer” is included with the Summons and Complaint.
Let’s take a look at the options on the “Defendant’s Answer” and what they mean:
A) I do not live in this county, and the suit is not for work or labor done in this county and should have been filed elsewhere. Selecting this option will have the suit moved to the correct county.
B) I admit everything in the Statement of Claim and do not want a trial. This is a consent judgment, meaning you consent to pay the amount claimed plus court costs. I often discourage selecting this option, even if you owe the debt. You don’t want to forfeit the opportunity to negotiate a settlement with the opposing party.
C) I admit I owe some money, but not the total amount claimed. With this option, be prepared to demonstrate why you believe this is the case to the court. If you have evidence, such as proof of payment, you should be prepared to present it to the court.
D) I deny that I am responsible at all. If identity theft was committed, file a police report. You should also request a fraud affidavit from the opposing party and attend court.
No matter your selection, the “Defendant’s Answer” document should be completed and returned to the court clerk. Otherwise, a judgment by default may be entered against you. A default judgment is when a judge finds that you did not respond or did not appear in court to defend yourself. They should be avoided at all costs. A default judgment can lead to your wages being garnished and/or liens being placed on your property.
Raven Perry-Beach, Esq.
107 Jefferson St. N.
Suite 14
Huntsville, AL 35801
(256) 799-0292