Full question:
I loaned my daughter $5,500(from SSD initial lump sum) and was paid back prior to my daughter filing Chapter 7 bankruptcy. I have been 'summoned to submit a motion or answer to a complaint'. What does that mean? Should I contact the plaintiff's attorney? I am on SSD; I receive $975 per month direct deposit to my checking account. I don't have $5500 and can't afford payments or an attorney. What should/can I do?
- Category: Civil Actions
- Date:
- State: Michigan
Answer:
A "default judgment" may be rendered against a party if it is the result of a party's failure to take a necessary step in the action within the proper time; this generally means a failure to plead or otherwise defend within the time allowed. Since, under rules of procedure, allegations not specifically denied are deemed admitted, failure to file a responsive pleading will generally result in the entry of a default judgment against the defendant. When a complaint is filed and the defendant fails to file an answer within the applicable time period, a default judgment may be entered against the defendant. After a default judgment, garnishment procedures may be used to collect on the judgment.
An answer is a legally sufficient response to the allegations that have been alleged against you in the complaint. The answer will generally either admit or deny each claim made by paragraph, or state an inability to admit or deny for lack of knowledge. Defenses may also be raised. A counterclaim or cross claim may also be asserted.
I suggest contacting a local attorney who can review all the facts and documents involved. An answer must be filed in the time provided to avoid a default judgment in the plaintiff's favor.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.