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  1. #1

    Default Sworn Denial

    My question involves collection proceedings in the State of: Mississippi.

    A friend told me to file a sworn denial (i'm being sued by a lawfirm over a credit card debt).

    Does anyone know exactly what this involves? thanks.

  2. #2
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    Default Re: Sworn Denial

    SWORN DENIAL. -- This needs to be a statement in WRITING that you FILE with the court where you have been sued. It can be a simple statement, but it needs to be typed, signed, notarized, filed with the clerk of the court and a copy sent to the collection lawyer. It needs to be a graduated denial. In other words, it needs to say, I deny this is my debt and if it is my debt, I deny that it is still a valid debt and if it is a valid debt, I deny the amount sued for is the correct amount.

    Also note thread: http://www.expertlaw.com/forums/showthread.php?t=48141

  3. #3
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    Default Re: Sworn Denial

    Quote Quoting TallulahIsabel
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    My question involves collection proceedings in the State of: Mississippi.

    A friend told me to file a sworn denial (i'm being sued by a lawfirm over a credit card debt).

    Does anyone know exactly what this involves? thanks.
    If you have already been sued, you need to answer/respond to the complaint or risk being declared in default. Even if it is small claims, is it (?), treat it as a regular court filing, and admit or deny any allegations in the pleading.

    Small claims actions may or may not require an immediate answer/pleading outside of actual trial?? This info is available at the court, if it is small claims.

    I can't pull up the Mississippi Rules of Civil Procedure online, so I will cite the federal rules as a guide, see: Defenses; Admissions and Denials.


    http://www.law.cornell.edu/rules/frcp/Rule8.htm

    Obviously you do not have an attorney?

    Go to a public library where they have the Laws of MS, there will be a volume for the Rules of Civil Procedure. Look up the appropriate #. Many states mirror the federal #'s., so look for rule 8 to start with.

    Say there are 15 paragraphs in the complaint, you need to list par 1, your response, par 2, your response, etc.


    If a local library does not have them you will need to go to a law library, maybe of a college/university.

    I have represented myself a few times, once in federal court, and have some knowledge of civil procedure, state and federal.


    If you have NOT been sued yet, you can follow Betty's thoughts if you wish, sounds good!!

    If you have been already sued, I am NOT an attorney, so do NOT take my thoughts as the legal way to submit an answer to a complaint. DO NOT assume I am right.

    YOU or your attorney have to determine HOW to respond.

    Edited: I see by your other thread Betty linked, you believe you have been sent a Summons, so you have been sued, am I correct.

    It will say SUMMONS on it!!

  4. #4
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    Default Re: Sworn Denial

    I was giving her the definition of a sworn denial that she asked for that can be used when you have been sued.

    OP - here is a link for you with add'l. info re sworn denial. This is Tn. but it lets you know what a sworn denial is.

    http://www.sitemason.com/files/hljVn...nialweb308.pdf

  5. #5
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    Default Re: Sworn Denial

    Quote Quoting Betty3
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    I was giving her the definition of a sworn denial that she asked for that can be used when you have been sued.

    OP - here is a link for you with add'l. info re sworn denial. This is Tn. but it lets you know what a sworn denial is.

    http://www.sitemason.com/files/hljVn...nialweb308.pdf


    I understand Betty, good link. This correlates with my post, but to be more explicit I cited the rules. I know I said if she was not sued yet to do it your way. I did not mean your way was wrong IF already sued, but to more legally formal I posted the rules.


    The denial or admission under rule 8 or whatever it is in MS is tanatamount to what you offered, true.

    BOR

  6. #6
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    Default Re: Sworn Denial

    Ok, BOR. Betty3

  7. #7

    Default Re: Sworn Denial

    Can someone show me a sample Sworn Denial?

    I can't find one, and though that link says there is one attached - there is not.

  8. #8
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    Default Re: Sworn Denial

    Quote Quoting TallulahIsabel
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    Can someone show me a sample Sworn Denial?

    I can't find one, and though that link says there is one attached - there is not.

    If you are taking about how to format the heading and caption, etc., just follow the original complaint's style.

    Is this a small claims case??

    You need to follow the MS civil rules and admit or deny the seperate averments/allegations in the complaint.

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