The junk debt buyer's attorney who served his complaint will be getting his answer today by certified mail. I didn't let his complaint spoil my Holiday cheer. My wife and I spent the weekend transforming our home and we are officially ready for Christmas. Here are some lessons I learned about civil proceedings in my new home state:
- When you are served with a summons and complaint, you have twenty days to file an answer in the state of Iowa.
- You don't need an attorney to represent you in court, although the judge expects you to know the law and follow the rules if you choose to represent yourself.
- Most plaintiffs in junk debt cases expect their opponents to ignore their complaints. When the defendant fails to respond, they win by default. This happens in 95% of all cases filed.
- When a defendant challenges the plaintiff, they force the attorneys to prove their case.
- The answer puts the plaintiff on notice what defense(s) the defendant is planning.
- Once the answer is filed, the process of discovery begins. I will write more about these adventures in future updates.
- There are all kinds of resources available for the little guy who wants to defend himself.
- Preparing for the courtroom is similar to writing a book. There is research, getting to know the characters, an antagonist and protagonist, and a plot to develop. There is tension leading up to the climax. I'm planning on sharing my experience in a future book. The names will be changed to keep me out of the courtroom. One courtroom experience is enough for me.
- In a civil proceeding, the defendant has nothing to prove. It's up to the plaintiff to prove his case.
- There are new laws written to protect consumers. When a debt collector breaks these laws, there are consequences. Read future blog stories for more about this.
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