Legal Question in Civil Litigation in Missouri

suit for collection of an alledged debt

Is there a form for denying the claims of a lawsuit?

Asked on 5/25/03, 9:17 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: suit for collection of an alledged debt

From your question I would have to guess that you have been served with a lawsuit and you are going to try to defend it on your own. In almost every such case I would strongly advise you to at least consult with an attorney Perhaps this case is in small claims court because of the relatively small amount of money involved, and perhaps the other party to the lawsuit doesn't even have an attorney. Still, the same substantive law applies as in the higher courts, and it would be a mistake to go into any court without some competent knowledge of the law. There is no "form" you can use which will adequately protect your legal rights, although you may simply go through the numbered paragraphs on the other party's Petition and admit or deny the allegation contained in each paragraph. By doing so you may be completely overlooking some affirmative defense, or even a counterclaim that should be pled. It is even possible that the lawsuit should be dismissed for failure to state a claim upon which relief may be granted or perhaps the suit was not filed within the time allowed by the applicable statute of limitations. Please take my advice and have this matter reviewed by an attorney before you do anything else.

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Answered on 5/25/03, 11:02 pm

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