If you decide to file a counterclaim or third party claim, expect to pay a filing fee. You simply need to complete an Answer and mail it to the court within 15 days (for Justice of the Peace cases) or 20 days (for all other cases) of receipt of the Summons. In Delaware, you are not required to pay a filing fee to respond to a debt collection lawsuit. You do not have to pay an Answer filing fee in Delaware A motion to compel needs to be filed with the Court within 5 days after the time for serving the Bill of Particulars lapsed. If a plaintiff fails to satisfy these requirements, you could file a motion with the court seeking an order compelling the plaintiff to comply. The Bill of Particulars needs to be in writing and should expressly state the basis for the claim, along with the manner in which the amount alleged to be owed was calculated. mailing the original copy of the Bill of Particulars to the Court where the action is pending, along with a notarized statement as to how the Bill of Particulars was served on the defendant, and.A plaintiff must serve the Bill of Particulars by: Typically, plaintiffs in debt collection cases will use a Bill of Particulars form made available by the court, specifically CF10BP. If you demand a Bill of Particulars be produced by the plaintiff, the debt collection company will need to serve a detailed Bill of Particulars to you within 15 days, counting the date of mailing as the first day. What happens when you demand a Bill of Particulars? If you prefer to create your own response, here is Delaware's forms wesbite where you can fill out form number CF07 to respond to a Complaint. Our Answer form is properly formatted, uses legitimate legal language, and includes sections for your responses and affirmative defenses. All you have to do is respond to some questions about your case, and SoloSuit's software takes care of the rest. You can use SoloSuit's Answer form to respond to a Delaware debt lawsuit in minutes. Therefore, you must read and understand the Summons and Complaint to prepare your Answer document correctly. Use these Delaware Answer to Summons formsĪn Answer is an explanation, defense, or denial of the claims made against you in a debt collection case. You can respond by filing an Answer with the court after you have been served the Summons and Complaint and sending a copy to the plaintiff's attorney. They may even be granted the right to garnish your wages. If this occurs, the debt collection company will be awarded the amount alleged to be owed, court costs, and other forms of relief requested as a part of the judgment. Why? Because if you fail to respond, the court will likely enter a default judgment against you. It is extremely important to respond before the deadline. In other words, you have 15 days to respond to a debt Summons if your case is in the Justice of the Peace court, and you have 20 days to respond if your case is in any other court. There are two deadlines to respond to a debt lawsui in Delaware: 15 days for Justice of the Peace cases and 20 days for all other cases. The information in this guide is tailored to debt collection lawsuits in Delaware.įile an Answer to your Delaware debt collection Summons before the deadline SoloSuit is here to help you through this difficult time and has compiled important information to help simplify debt collection lawsuits so you know what to expect.īelow, you will find helpful information on what needs to be done to properly respond to a summons for debt collection in Delaware. You may even be feeling scared and uncertain about your path forward. You may be feeling overwhelmed and intimidated by the prospect of contesting the lawsuit in court. Getting served with a summons claiming you owe a debt in Delaware can be an anxiety-inducing experience. SoloSuit's Answer form makes it easy to respond to your case and defend yourself in court. Summary: If you have received a Summons for debt collection in Delaware, you must respond to the lawsuit before the state's deadline which is 15 days for Justice of the Peace cases and 20 days for all other cases.
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