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Topic: Answering a poorly structured complaint

Created on: 12/26/13 06:48 AM

Replies: 4

DAVID3


Joined: 11/08/13

Posts: 7

Answering a poorly structured complaint
12/26/13 6:48 AM

Your course teaches that a defendant is required to provide ONE brief answer,(admitted, denied, without knowledge..) for each numbered paragraph of a complaint. I am answering a complaint where some of the numbered paragraphs contain several sentences, each sentence alleging a different fact, some of which are true and some of which are not. My lawyer is advising me to admit or deny each sentence even though they are part of a single numbered paragraph. He says that simply denying the whole paragraph will make me look evasive, as though I am trying to hide something. I also take very seriously your exhortation to speak honestly in power and in truth. On the other hand, I want to follow your guidance and not needlessly provide ammunition to my adversary.

Thank you so much. Your course has removed the scales from my eyes. You are doing a great work.
* Last updated by: DAVID3 on 12/26/2013 @ 6:50 AM *

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EDDIE1


Joined: 11/08/13

Posts: 6

RE: Answering a poorly structured complaint
12/27/13 12:31 PM

I would think you can either admit or deny EACH separate aspect of the question, or ... that YOU or YOUR LAWYER can file a "motion to require a more definitive statement." Then explain to the judge the deficiencies and vagaries of the complaint.

I would try to find out the rules of evidence of your jurisdiction/district (if you still have time) and point this out to your lawyer. YOU must tell your lawyer how you want your case handled. That is your RIGHT and his DUTY, according to bar rules. Your lawyer MUST have a rapport with you and explain why or why not things cannot be a certain way, when you ask questions.

I got this course AFTER my lawyer rolled over on his back, and did a horrible job "defending" me in a case. Now, here I am exploring my possibilities to right a terrible wrong.

GOOD LUCK on your case!

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DAVID3


Joined: 11/08/13

Posts: 7

RE: Answering a poorly structured complaint
12/27/13 3:32 PM

Thanks Eddie,
I appreciate the advice and am sorry you found this course after the fact. I was very fortunate to find it a short time after being sued. It has been tremendously helpful, giving me the confidence and know-how to effectively communicate with and manage my lawyer.

This is a probate litigation in Florida. The more I learn from this course, the more ways I see to apply that learning. What a blessing.

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JIM7


Joined: 12/04/13

Posts: 1

RE: Answering a poorly structured complaint
01/04/14 6:09 PM

I have been in business 30 years. I have never filed a Employment Security Wage and Contribution form because I had no employees. Recently they sent me a bill for $3200.00 for their assesmsent for not filimg above report. They subpoenaed me and gave me a liability determination they just decided. I consideded this to be a poorly structured complaint. I am drawing up a law suit to send in for an appeal request with causes of actions answeres and affirmative defenses. Any Comments????? Jim

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BOB5


Joined: 11/08/13

Posts: 29

RE: Answering a poorly structured complaint
01/06/14 5:06 PM

If one part of the paragraph is false...deny the whole paragraph or charge. And/or statements are different. IF the charge is false or confusing deny it. Make them clarify the paragraph.

Bob

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