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  1. #1

    Question Answering A Summons And Complaint

    I recently was served a ridiculous lawsuit summons (more info at: http://freedjamerica.com/music-master-lawsuit.html ), but in the beginning of the summons, it seems to start with a fragmented paragraph that I am trying to understand:

    it reads:

    "an answer to the complaint which is herewith served upon you, within twenty days after service of this summons upon you, exclusive to the day of service. If you fail to do so, judgement by default will be taken against you for the relief demanded in the complaint. You must also file your answer with the Clerk of the Court within a reasonable amount of time after service."

    WHAT??? Don't lawyers understand English? What does this mean and what am I supposed to do? Who am I supposed to contact? What does "file with clerk" consist of and who is the clerk and how do I contact them?

    Any help is greatly appreciated.

  2. #2
    Join Date
    Jan 2006
    Posts
    27,810

    Default Re: SUMMONS IN CIVIL CASE What Does "Answer To Complaint" Mean?

    that is English.

    "an answer to the complaint which is herewith served upon you, within twenty days after service of this summons upon you, exclusive to the day of service.
    this means you have 20 days to file a response to this complaint. Those 20 days do not include the day you actually receivd the complaing

    If you fail to do so, judgement by default will be taken against you for the relief demanded in the complaint.
    If youdo not respond to this complaint, the courts will enter a judgment against you.

    You must also file your answer with the Clerk of the Court within a reasonable amount of time after service."
    You must send your respnse to the plaintiff and you must also file it with the clerk of the court. The court would be listed in the complaint and the clerk of the court works there.

    I didn't read the entire linked article but from the sound of it, whomever is using the trademark is going to lose.

  3. #3
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: SUMMONS IN CIVIL CASE What Does "Answer To Complaint" Mean?

    Answering a complaint

    An answer is your response to the complaint or petition filed by the plaintiff. It sets forth your position on the claims made by the plaintiff and allows you to deny the claims.

    You must file a written answer to the complaint admitting or denying, in part or in whole, the claims made by the plaintiff and set forth a legal defense. If you, the defendant, fail to respond or if the response is not received by the court before the due date, you may automatically lose the case without receiving the opportunity to present your case in court. The court may enter a default judgment (judgment entered against a party who has failed to answer or defend against a claim that has been brought by another party) against you, which the plaintiff can enforce by court order. Your property may be sold or wages garnished (set aside) to pay the judgment.

    Your answer must be in writing and filed with the Clerk of Court either by mail or personal delivery, and you must mail a copy to the opposing party or to the attorney of the opposing party within the time permitted by law. If a party is represented by an attorney, you should not contact the party directly, but instead speak with the party's legal representative. Contacting the attorney of the opposing party does not substitute for a written answer to the complaint.

    Usually, if the complaint was required to be verified (sworn to under oath), the answer must also be verified. You may need to research the time limitations on filing an answer with the court at your local county law library. A filed, stamped copy must then be provided or served on the opposing party.
    http://www.georgiacourts.org/aoc/sel...vil_cases.html

    In short, you are being sued and are being asked to respond to the complaint against you (what's your defense to the lawsuit). You have a time limit that you need to do this in. The Clerk of the Court.

    More information: http://www.georgiacourts.org/aoc/selfhelp/faq.html

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