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Disclaimer: The information on this web
page is provided as a service and a convenience by the Connecticut Judicial
Branch. It is not intended as legal advice to any person. If you have
questions about the use of these forms, your legal rights, or particular
issues in your case, it is strongly recommended that you talk to an
attorney.
Due to the changing nature of the law, the forms and
information found on this web site will change from time to time. It is up
to you to follow the current procedures and to file the correct, up-to-date
forms. Each court location has a Clerk's Office and many locations also have
a Court Service Center that
can give you help and information about court procedures. Please note,
however, that Clerk's Office and Court Service Center personnel cannot
provide you with legal advice.
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.
For Help - You may go to the
Court Service Center for help completing these or any other forms. Any additional procedural questions that you might have may also be directed to the staff of the Court Service Center.
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