Quick Reconveyance: Module 4

In this module, we file the civil action against your original lender.

To get started, I want you to check and double check your complaint (presumably, you’ve already worked on it from the previous module).

Now, send it to your study partner to ask them for their feedback.

Double check your servicing protocols…ie. if the original lender is in state, or out of state or out of business.  Confirm this with Prepaid and your study partner.  Check with your State’s Rules of Civil Procedure.

If you have the SAME lender as your servicer,

If you have the DIFFERENT original Lender

– One for the court

– One for the Defendant

– One for your record

Then, go down to the court house..Circuit Court or Superior Court…and file your action.  It will cost you between $150 to $400 depending on the State.

Depending on your State, they may or may not issue you the Summons.  Check with the Court Clerk and Prepaid Legal.  You are to submit to them the Complaint and the Summons (if applicable) and the Request for Admissions(if applicable)….but not the Settlement Letter…this is a private addition.

The rule is…What you submit to the court, you must submit to the other side.

Have them stamp all 3 copies.

Write the case number (that you will have gotten from the Court Clerk) on the Defendant’s copy (or better still…photocopy it).

Then Fedex/UPS the packet to the Process Server for them to serve on the defendant.

The Process Server will then submit the certificate of Service to the Court for you.

Call Up Prepaid Legal and go through the procedure with them.  Have them confirm the PROCESS with you…don’t discuss the merits of the case.  They will not understand it and will likely poo poo it.

If you can not afford the court fees, you can apply for “In Forma Pauperis ” to have the court waive the court fees.  Simply customize the following file and give it to the Court Clerk when you submit your complaint.

003a-In Forma Pauperis Application.doc

That’s it. Now we wait.