| Instructions
These instructions are to help you
represent yourself if you are a defendant in a foreclosure
action and it is more than 15 days after the return date. Legal
words and court documents can be confusing. The more you know
about foreclosure, the more comfortable you will be when you
fill out the necessary forms and come to court. These
instructions will give you some useful information and
instructions on filling out the necessary forms.
Every case is
different and these instructions are to be used as a guide only;
if you think you need more help you may want to get an
attorney. You can also go to a
Court Service Center or contact the
Connecticut Network for Legal
Aid or
find additional information at the Law Libraries.
Court Staff can help you understand the legal process, and while
they may give you procedural information, they cannot
give you legal advice.
To respond
to a foreclosure lawsuit more than 15 days after the return
date, you will first have to fill out the following
forms:
The “Return
Date” is on the top right corner of the Summons form that was
delivered to you. This is the date that starts the countdown for
things taking place in the case.
By filing an
Appearance form you are telling the court that you are
acting as your own attorney and giving the court your mailing
address. Once you file an Appearance, all court notices and
papers filed about your case that are filed after your
Appearance will be sent to the address on your Appearance.
The Appearance
form is due by the Return Date which is listed on the top right
corner of the Summons. The Summons is one of the forms that
started the case against you. By filing an
Appearance form
you are telling the court that you are acting as your own
attorney and giving the court your mailing address. It is best
to file an Appearance as early as possible. It is important to
fill out this form in order to receive any court notices, and to
give other parties to your case a correct address for
correspondence about the case.
The Foreclosure
Mediation Certificate can be
turned in with the Appearance form but must be filed no later
than 15 days from the return date on your Summons. The
Foreclosure Mediation Certificate asks for
information to try to allow you into the Foreclosure
Mediation Program, a program to help homeowners settle their
foreclosure cases. You have to
answer 5 questions including if the home is your primary
residence, do you occupy the property, is the property a 1-, 2-,
3- or 4-family residence, if you are the borrower, and is the
foreclosure a mortgage foreclosure. If the answer to all 5
questions is “yes”, you may be qualified for the Foreclosure Mediation Program. If the court decides you are
qualified for the program, it will send you a notice to the
address listed on your Appearance form with the date and time
your Mediation is scheduled.
If it is more
than 15 days after the return date, you have to fill out a
motion asking the court’s
permission to take part in the Foreclosure Mediation
Program. You have to fill out the “Motion for Permission to
Request Mediation later than 15 Days after the return date or to
Change the Mediation Period” form. On this form you have to
explain the reason you are asking for an additional 30 days for
scheduling the mediation. If the court grants your request, it
will send you the date for your scheduled mediation.
The Answer to
Complaint is due within 15 days of the return date listed on the
summons. (There are some exceptions to this 15-day
requirement that are in sections 10-6 and 10-8 of the
Connecticut
Practice Book).
You may go to
any Court Service Center for help filling out these or any other
forms or for any procedural questions that you have about your
case.
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