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Can you counter/deny plaintiff telephone hearing for small claim in pre-trial for credit debt

Clear Lake, IA |

The plaintiff that I am going against requested and was successful to do a telephone hearing for Answer and Appearance court hearing date for small claim $2,600.

So, is it possible that I can file some court form and counter their claim, even though a judge approved it? If so how do I do it?

Attorney Answers 3


It depends on what type of answer the defendant makes.

The answers given are not to be considered legal advice or the retention of an attorney. Every case is unique and cannot be adequately addressed in a forum such as this. You should immediately contact an attorney of your choice for a consultation and in depth analysis of each individuals case.

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Get a lawyer to help you with this. All things are possible in court.

Most lawyers will give you a free consultation if you ask for one. We do this all the time, but remember that our time is valuable and you should stay with the people who help you the most.

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You cannot "deny" the order. I suppose you could try to file a motion, but the odds of success are very low, especially compared to the odds of annoying the judge.

By the very nature of Avvo, you have only provided limited facts and no documentation, therefore, our response to your question is treated only as a hypothetical, and as such it is merely general in nature. You should not rely on this response in taking or forgoing action in your circumstances without discussing this matter with an attorney. If we had the opportunity to ask you sufficient questions and review relevant documents so that we were satisfied we had all of the relevant facts and circumstances, our response might differ significantly. Without the opportunity to ask you questions, and review all relevant documents and memoranda, we are simply unable to provide any form of legal advice. Our response to your question does not create any attorney-client relationship between us, and we are not acting as your attorney. We reserve the right to decline representation in any case. By answering your question, we are under no obligation to answer further questions. There are very specific deadlines for filing a lawsuit, replying to a lawsuit filed against you, or taking other action in order to preserve your legal rights. You should contact an attorney immediately in order to be fully advised of your rights, and so that you are aware of those deadlines. If you fail to act within the required time frame, you might be forever barred from asserting your rights or defending your position. The attorney answering this question is licensed in Illinois and Iowa only.

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