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Rule 736.5. Response (2012)


(a) Generally. A respondent may file a response contesting the application.

(b) Due Date. Any response to the application is due the first Monday after the expiration of 38 days from the date the citation was placed in the custody of the U.S. Postal Service in accordance with the clerk's standard mailing procedures, as stated on the citation.

(c) Form. A response must be signed in accordance with Rule 57 and may be in the form of a general denial under Rule 92, except that a respondent must affirmatively plead:

    (1) why the respondent believes a respondent did not sign a loan agreement document, if applicable, that is specifically identified by the respondent;
    (2) why the respondent is not obligated for payment of the lien;
    (3) why the number of months of alleged default or the reinstatement or pay off amounts are materially incorrect;
    (4) why any document attached to the application is not a true and correct copy of the original; or
    (5) proof of payment in accordance with Rule 95.

(d) Other Claims. A response may not state an independent claim for relief. The court must, without a hearing, strike and dismiss any counterclaim, cross claim, third party claim, intervention, or cause of action filed by any person in a Rule 736 proceeding.

Adopted by order of Oct. 17, 2011, eff. Jan. 1, 2012. Amended by order of Dec. 12 and Dec. 30, 2011, eff. Jan. 1, 2012.

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