My purchase was owner financed, I am behind in payments, and I was served 12-29-09 with a Summons by the Owner who financed me.
He did the closing himself when the owner financing was done with a sales contract outlining the details, quick claim deed that I filed with the clerks office and lien paper that he filed.
I see on the serve paper that the sheriff fills out that no lawyer was listed. Judging from the Pettion section of the papers it was done by his secretary/notary and filed in the clerks office.
I have 13 days to respond,
He is demanding notes due, signing back of deed and possession, in the summons section I see the part for clerk/superior to sign was left blank.
5 Sheets altogether: Sheriff's entery of service, claim of lien form, verification form and petition
Also it is a Judical Foreclosure. Top form was Sheriff's Entry Of Service, No lawyer was listed. Second sheet.. Our info, Owner Info, And Petition info with is statements describing the situation and listing the property address. Third sheet is a continuation of the first sheet and has his demans and the summons info ( which had an area for date and signature by clerk/superior on it that was left blank ) second form was signed by him and his notary/secretary . Fourth form is a Verification sheet by Notary for the owner ( Signature does not match owners and clearly looks ike someone signed it for him ) Fifth and last sheet is a copy of the lien form drawn up by the secretary/notary that was not signed by the owner , just the secrtary/notary confirming the deal, the price, house location, owner, buyers and witnessed and signed by the notary on the claim of lien form.
Chapter 7 Bankruptcy Attorney
If you follow this outline it will buy you some time. The person suing you will have to file a motion for summary judgment to complete the case.
The first thing you need to do when you get sued is file an Answer. The summons will tell you that you must “appear” by way of an Answer in 10, 20 or 30 days, “depending on the method of service.”
Many people think this means they have to go to Court and this is incorrect. 90% of all lawsuits end in Default Judgments because the defendant (person getting sued) did not file an Answer.
I recommend you go to the free form I have on my website at www.escapedebtnow.com . Print it out and fill it out as instructed. You must answer the numbered paragraphs on the Complaint by writing them into the appropriate lines in the Answer. The Answer will allow you to preserve your rights and will prohibit a default judgment (i.e. you did not show up) from being entered against you.
Mimic the paperwork you got when you got sued. Answer all the paragraphs of the Complaint by writing the numbers in lines 1, 2 or 3.
Almost 100% of attorneys will deny what is owed because they did not do the calculations and do not know what the basis for the number is…
When you file the Answer that is your “not guilty”. You have the right to make the person suing you (Plaintiff) prove their case, but you must also answer the complaint truthfully.
Make sure you fill in the name and address of the attorney suing you before you bring this paperwork to the Court. Mail it to the attorney suing you right away!
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.