civil summons help

[jenmcd]

I was served with a civil summons from an insurance company's lawyer for damage to their insured's vehicle caused my a wreck almost a year ago. As I am unemployed and on Social Security Disability, I went to Legal Aid to see if they could help me. Unfortunately their case load is too high at the moment. The paralegal said I should respond by line item (Agree, Deny, Explanation). So I found a form online and have done that. She also told me that there isn't really that much they can do to me if I don't have the money and don't own anything.

My questions are these:

Where do I file the response? I don't live in the same county where the summons was filed.

Is there going to be any fees for filing a response?

If I am financially unable to pay, how should I reply? For dismissal due to hardship? What else should I ask for? Dismissal of case? Grant court cose?

Should I put in the response that I tried contacting the insurance company, explaining my 'situation' with no response from them?

 

[army judge]

I was served with a civil summons from an insurance company's lawyer for damage to their insured's vehicle caused my a wreck almost a year ago. As I am unemployed and on Social Security Disability, I went to Legal Aid to see if they could help me. Unfortunately their case load is too high at the moment. The paralegal said I should respond by line item (Agree, Deny, Explanation). So I found a form online and have done that. She also told me that there isn't really that much they can do to me if I don't have the money and don't own anything.

My questions are these:

Where do I file the response? I don't live in the same county where the summons was filed. In the court where the case was filed.

Is there going to be any fees for filing a response? No, not for you.

If I am financially unable to pay, how should I reply? For dismissal due to hardship? What else should I ask for? Dismissal of case? Grant court cose

It doesn't matter YET. You haven't lost the case. You owe nothing at this point. They have to prove it was your fault.


Besides, your social security is secure from all lawsuits. It is, as we lawyers say, judgment proof. Even if you lose, they can't get a dime of your social security money. If you don't own your home, they have nothing to take. Even if you own your home, all they can do is put a lien against it and wait until you die or sell it. This case is going nowhere fast!!!!

Should I put in the response that I tried contacting the insurance company, explaining my 'situation' with no response from them?

No, it wouldn't matter.
It has no relevance or legal significance.

Legal aid told you everything you need to do.

Deny, deny, deny.

 

[jenmcd]

Thanks for replying so quickly. You said to deny. But I do agree with all but three of the statements from the civil summons:

(1) I am no longer a resident of the county where the accident happened.

(2) I am on social security disability. (paragraph states that I'm not a child or military or incompetent or LEGAL DISABILITY.) Should I address this and state that I am on SSDI?

(3) I disagree on how the accident happened. Should I explain what really happened? (It is worded that I failed to stop. I had stopped when I leaned over and my foot slipped. The car lurched forward and hit the car from behind)

Should it read like this:

Defendant asks the Court to request that the Plaintiff's action be dismissed and that the court grant court costs by taking into consideration that I am on Social Security Disability Income. I am unable to pay because of hardship due to numerous bills including medical.

 

[jharris352]

I'm going to answer the same questions Army did but with a slightly different take.

Where do I file the response? I don't live in the same county where the summons was filed.

You answer to the court who's address is printed on the Summons. The Summons says something like you must file an answer with this Court within 30 days or face a Default Judgment. At the top of that summons is the name and county of the court where the lawsuit was filed.

In GA it is a Constitutional right to be sued in the county of your residence, with a few exceptions. I imagine the same is true in North Carolina, but I will confess that a brief reading of the Rules of Civil Procedure in NC didn't give me a firm answer on that. In your answer I would ask for a change in venue for the convenience of the Defendant (you). The action should be heard in your county unless just cause can be shown for venue elsewhere.

Is there going to be any fees for filing a response?

The only state I have seen that requires filing fees for Answering a claim is California. I was shocked when I discovered that you have to pay $210 to ANSWER a claim filed against you or you have to file a waiver of fees affidavit. CA is broke, they get money wherever they can.

If I am financially unable to pay, how should I reply? For dismissal due to hardship? What else should I ask for? Dismissal of case? Grant court cose?

Financial ability to pay is not an issue in a lawsuit. What you want to answer is that you DENY being liable for whatever they are accusing you of. Don't worry about perjury, liability is an opinion and not subject to perjury. Don't lie about specific events just DENY that you are liable to the Plaintiff at all.

Should I put in the response that I tried contacting the insurance company, explaining my 'situation' with no response from them?

Don't bother. It is not a judicially important point that you tried to settle or that you tried to communicate with the Plaintiff prior to being sued. DENY DENY DENY. Do not let the 20 of 30 days pass without answering the claim. Read the summons and go through their complaint paragraph number by number and answer each one.

"As to Plaintiff's paragraph 1: DENIED."
Paragraph 2: DENIED.
Paragraph 3: Admitted, my name is such and such. (Don't deny the obvious)
Paragraph 4: Denied in part admitted in part. Defendant Admits being a resident of Davidson County and to driving on State roads on the 4th of January. Defendant Denies responsibility for the accident with Plaintiff's Subrogor (the person who was insured).

Answer them all, file and wait.

Good Luck.

 

[jenmcd]

But technically I am at fault and I have the ticket to prove it. I have a criminal attorney helping me out with that. He says the outcome of this will determine what happens on that end. So.. Not sure what to say here. How can I DENY these when it's the truth?

(4) Admit that on that day, the Defendant was on that road, stopped at a light?

(5) I admit that I was driving that day on that road and deny nothing?

(6) Or that I was negligent because I failed to stop (which wasn't the case, my foot slipped. Do I mention this)?

(7) How can I deny that the result was a collision between the two vehicles?

(8) Therefore the insurance company paid for the damage and now are trying to recover it?

(9) so that the Plaintiff seeks recovery?

I have to figure this out before tomorrow. Since I have to drive where the court is and it's not that close.

 

[army judge]

But technically I am at fault and I have the ticket to prove it. I have a criminal attorney helping me out with that. He says the outcome of this will determine what happens on that end. So.. Not sure what to say here. How can I DENY these when it's the truth?

(4) Admit that on that day, the Defendant was on that road, stopped at a light?

(5) I admit that I was driving that day on that road and deny nothing?

(6) Or that I was negligent because I failed to stop (which wasn't the case, my foot slipped. Do I mention this)?

(7) How can I deny that the result was a collision between the two vehicles?

(8) Therefore the insurance company paid for the damage and now are trying to recover it?

(9) so that the Plaintiff seeks recovery?

I have to figure this out before tomorrow. Since I have to drive where the court is and it's not that close.

I know you think this is a big deal, it isn't.

How much is the insurance company seeking in damages from you?
Do you own any property?
Do you have cash or securities in excess of $5,000?
Is your only source of income, pensions and/or social security?
Are you married?
Does your spouse have significant assets?
What name(s) were/are on the title of the car you were driving?

These answers will determine what I'll say to you next.

Brother Harris is correct in what he has told you so far.

Answer my questions, and I promise you a final definitive answer.

 

[jenmcd]

How much is the insurance company seeking in damages from you? $1500

Do you own any property? No, paying on my car

Do you have cash or securities in excess of $5,000? No

Is your only source of income, pensions and/or social security? Social Security Disability Income

Are you married? separated

Does your spouse have significant assets? his vehicle is paid for and he is making payments on a condo

What name(s) were/are on the title of the car you were driving? my name alone

I know that it's not a big deal, but I have never gone through this so it a bit overwhelming. I just don't want to mess up somehow.

 

[army judge]

How much is the insurance company seeking in damages from you? $1500

Do you own any property? No, paying on my car

Do you have cash or securities in excess of $5,000? No

Is your only source of income, pensions and/or social security? Social Security Disability Income

Are you married? separated

Does your spouse have significant assets? his vehicle is paid for and he is making payments on a condo

What name(s) were/are on the title of the car you were driving? my name alone

I know that it's not a big deal, but I have never gone through this so it a bit overwhelming. I just don't want to mess up somehow.

Before I get into my answer, even if you lose; the insurance company can't touch you or your assets.
You have no assets they can legally attach.
Your social insecurity pension is untouchable by anyone except the government.
So, this might be much ado about nothing.
Judgments can impact your credit, but with only a social insecurity pension, credit is something you probably don't need anyway!
Okay, the answers are indicated below.
Choose wisely, because you do have choices.



First of all, here is some good news.
Your state furnishes some FREE legal services for certain people.
If your income is limited, you may qualify for free legal services, provided by the legal services office in your area. Call (919) 828-4647.


Civil cases are heard in NC like this: District Court judges hear cases involving less than $10,000 in money. Claims in excess of $10,000 are heard in Superior Court.
A magistrate decides cases involving less than $5,000, cases considered a small claim action.


The case against you is for $1,500.
That is great news, because it is considered a small claims case.
Thus, it will be heard in a magistrate's court.
You do not have to answer the complaint prior to trial in NC.
You may mail a formal answer to the clerk of court about the complaint or take this written answer to court.
But you can also just wait and tell your side of the story at the trial.

You have the right to demand that you be sued in the county in which you reside.
The plaintiff hasn't done that.
Your answer can simply address that the plaintiff has chosen the incorrect forum for the lawsuit.
You can request to court to dismiss the suit for lack of proper venue.

You simply indicate in your answer, your address (including the county) in which you reside.

NC requires you to sued in the county you reside, if you choose.

You'd be a fool, not to so choose.

http://www.legalaidnc.org/public/learn/publications/small_claims_court/Small_Claims_Chapter_3.aspx

Read more: http://www.consumeraffairs.com/consumerism/small_nc.html#ixzz0o9EoLBUX

North Carolina
Statutes: General Statutes of North Carolina, Ch. 7A, Art. 19, Sections 210-232.
Dollar Limit: $5,000.
Where To Sue: Where defendant resides. Corporation resides where it has place of business.
Service: Sheriff or court-approved adult. Certified or registered mail, with return receipt.
Hearing Date: Within 30 days of filing claim.
Attorneys: Allowed.
Transfer: No provision unless question of land title.
Appeals: By either side for new trial, within 10 days of judgment.
Special Provisions: No equitable relief except enforcement of liens. Counterclaims allowed so long as within the dollar limit. Discovery allowed. District judge may assign case to magistrate so long as the defendant is a resident of the county where the magistrate sits.

http://www.knowmyrights.org/kb/publications/small-claims-court/page-7.html#north-carolina

 

[jharris352]

But technically I am at fault and I have the ticket to prove it. I have a criminal attorney helping me out with that. He says the outcome of this will determine what happens on that end. So.. Not sure what to say here. How can I DENY these when it's the truth?

First rule of lawyering: There are facts and there are opinions about those facts. Lying about the facts will get you in trouble, having your own opinion about those facts won't.

Tickets are evidence of a criminal charge. They are not proof of civil liability. If you can not beat the ticket then plead No Contest (NOLO). A Nolo plea allows you to dispense with the criminal charge without admitting civil liability. If your lawyer hasn't told you that, kick him in the shin next time you see him (metaphorically you understand).

You admit to hard facts. The minute liability comes into play you simply deny that you are liable.

(4) Admit that on that day, the Defendant was on that road, stopped at a light? < Admitted >

(5) I admit that I was driving that day on that road and deny nothing? You were driving on the road <admitted>

(6) Or that I was negligent because I failed to stop (which wasn't the case, my foot slipped. Do I mention this)? DETAILS DETAILS DETAILS These are not for your answer. Did you negligently fail to stop <DENIED>

(7) How can I deny that the result was a collision between the two vehicles? <ADMITTED> There was a collision (hard fact).

(8) Therefore the insurance company paid for the damage and now are trying to recover it? The collision isn't what makes you liable, it is the negligence if so proven. For 1500 they are NOT going to want to go to trial. They want you to not answer and get a default so they can write it off. Answer, admit only to facts not conclusions.

(9) so that the Plaintiff seeks recovery? <DENIED> Plaintiff is not entitled to recovery.

Do you get it?

 

[jharris352]

There, in Army's answer is the KEY.

Your total answer is only:

I live in XX County and the insurance company has improperly sued me in YY County. Defendant Motions to Dismiss the Plaintiff's Complaint for improper venue.

Ignore the rest.