How do I answer a complaint for a mechanic’s lien on an airplane?
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How do I answer a complaint for a mechanic’s lien on an airplane?
I (and others) am being sued by a bank who is the senior lienholder on an airplane. They foreclosed on it, then purchased it at judicial sale. Now want to clear junior liens and sell plane. I have been served a summons and need to answer the complaint within 21 days of that. I emailed the lawyer. He offered $200. I am owed $1,380. Of coarse I will settle for less. How do I answer the complaint to the court and the plaintiffs lawyer? Can I just write them a letter which states that I am owed the money? Should I tell them I will except $1000
Asked on January 20, 2012 under Bankruptcy Law, Georgia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
At the law library, look for answer to complaint in the index of Pleading and Practice. This will give you the general format for an answer to a complaint. The answer does not contain any settlement offers. The answer denies the allegations in the complaint. Writing a letter which says you are owed the money will not be considered an answer to a complaint. You will need to write an answer to a complaint based on the format in the index to Pleading and Practice. Again, the answer denies the allegations in the complaint. At the end of the answer is the verification which attests to the veracity of your statements in the answer. You sign and date the verification under penalty of perjury. File the answer to the complaint with verification and an attached proof of service with the court within 21 days from the date you were served with the complaint. If you don't timely file the answer to the complaint with the court and serve it by mail on the opposing attorney within 21 days from the date you were served, the opposing party can have a default judgment entered against you which means you have lost. If that happens, you will need to file a motion to set aside the default. If the court grants your motion to set aside the default, the case is then back on track and litigation will continue.
I mentioned above that your answer to the complaint includes your answer, verification and an attached proof of service. The proof of service verifies the date of mailing your answer to the complaint to the opposing party. You can use a court form proof of service or you can write your own. If you write your own proof of service, it just says that you are over 18 and the attached documents were sent via first class mail unless stated otherwise to ___________ (name and address of opposing attorney) on _________ (date). You sign and date at the bottom. The date you sign should be the same as the date of mailing and the same as the date you file your documents with the court.
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