written answer to summons wisconsin

written answer to summons wisconsin

wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. The court may reject or. Address City, State Zip Code File No._, , Plaintiff vs. S U M M O N S C. D. Address _(Case Classification Type): _(Code No.) You must file a written answer and provide a copy to the plaintiff or plaintiff's attorney on or before the date and time stated. The statute of limitations on debt in Wisconsin is generally six years. 49.145, 49.19, 49.22, 49.46 and 49.47 and programs carrying out the purposes of 7 U.S.C. In addition to our Answer document, our Motion to Compel Arbitration has enabled consumers to avoid going through the court process and forcing debt collectors to honor their contracts by settling outside of court through arbitration. Share your form with others The provisions under this paragraph apply unless all of the parties otherwise agree. Serve a copy of your answer to the plaintiff in the case. They must respond to ("answer") the petition within a certain time (usually about three weeks). This isn't an eviction in court, yet, and it's possible to work things out. And so many people don't think to do it. The answer is a written response explaining why you think you do not owe the money that the person suing you is asking for. Whether you want to check the status of your case or you need to attend a hearing or trial for your case, it's important to know where your courthouse is located. Filing fees vary widely among courts and may depend on the value of your case. Bendimez v. Neidermire, 222 Wis. 2d 356, 588 N.W.2d 55 (Ct. App. CIVIL SUMMONS State of Minnesota County RAMSEY District Court Judicial District: SECOND Court File Number: Case Type: Personal Injury MT. If selected to serve, the Court will mail you a summons approximately 20 days prior to your month of service. 86. In the Wisconsin small claims form, you will sign under oath that a copy has been or will be mailed to the plaintiff or their attorney. Within 45 days of receiving this summons, you must respond with a written demand for a copy of the complaint. All type of course like Bachelor of Arts, Science and Commerce are available in this college. 1998). Best of luck to you. The court may reject or disregard an answer that does not follow the requirements of the statutes. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. The following link gives you the Wisconsin Court Locations for all counties throughout the state. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. There are no fees to file an Answer to respond to a debt collection lawsuit. James. See note to 71.74, citing State v. Beno, 99 Wis.2d 77, 298 N.W.2d 405 (Ct. App. The second choice includes a statement that requires you to state why you contest the allegations. The Truth: Should You Never Pay a Debt Collection Agency? Leave a sympathy message to the family in the guestbook on this memorial page of John Robey to show support. What is a default judgment? What do I do? Otherwise, the person who sued you can get a default judgment against you if settlement negotiations fall through. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. You should respond by filing a written Answer with the court. Can They Garnish Your Wages for Credit Card Debt? If it turns out the court does, you can abandon that claim. The allegations will be listed in numbered paragraphs. How to edit Summons - Wisconsin in PDF format online 9.5 Ease of Setup DocHub User Ratings on G2 9.0 Ease of Use DocHub User Ratings on G2 Adjusting paperwork with our comprehensive and intuitive PDF editor is straightforward. Ct. Order, No. County civil service commission is body politic under (4) (a) 7. NOTE: 1999 Wis. Act 32 mistakenly stated 40 days rather than 45 days in the 3rd full paragraph of the form. The answer may need to be formatted with particular fonts, point sizes, and margins. Within forty (40) days after 01/13/2023, you must respond with a written answer, as that term is used in Chapter 802 of the Wisconsin Statutes, to the Complaint. The answer must be given to or mailed to the plaintiff's attorney (or plaintiff if there is no attorney) within the period to respond. For updated process serving legislation, please visit the Wisconsin State Legislature website. [Re Order eff. The address for the court and attorney should be listed on the Summons or Complaint document. If you send them a Debt Validation Letter they will need to mail you the name and address of the original creditor. Step 3: Calculate the time to take action. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. Verified. without harming your argument. . (2) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c). Tip: If you don't remember the exact date you received the summons and complaint, call the court clerk's office at the number listed on the summons. I am aware that I can use powercfg /batteryreport to write out an HTML file with the information I'm looking for. If you send the collector a Debt Validation Letter they will need to mail you validation of the debt. Note that the money demand will often include interest charges and/or attorney's fees. More specifically, the Summons and Complaint documents should contain the following, which you will need to draft your Answer document: You can use SoloSuit's Answer form to compile all this information and format it in the correct, legal way. If against any insurer, to any agent of the insurer as defined by s. 628.02. (4) No summons is necessary for a counterclaim or cross claim for any person who previously has been made a party. The court may reject or disregard an answer that does not follow the requirements of the statutes. Co. 106 Wis.2d 675, 317 N.W.2d 474 (1982). This image may not be used by other entities without the express written consent of wikiHow, Inc.
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\u00a9 2023 wikiHow, Inc. All rights reserved. If they don't have the proper documentation or evidence to prove their claims, they might choose to dismiss the case instead. The summons and complaint (this may also be titled a petition, especially in state court) will tell you how much time you have to file a response. The court may reject or disregard an answer that does not follow the requirements of the statutes. The written admission of the defendant, whose signature or the subscription of whose name to such admission shall be presumptive evidence of genuineness. You should respond by filing a written Answer with the court. West v. West, 82 Wis.2d 158, 262 N.W.2d 87. If you're making claims against the person who sued you, see if you have documents that would support your claims as well. A subpoena may also be issued by any attorney of record in a civil action or special proceeding to compel attendance of witnesses for deposition, hearing or trial in the action or special proceeding. It might help to think of the divorce process as a lawsuit (which it technically is), so that when you are served with a divorce/dissolution petition it is like being sued. 4.01 Summons; Form. If you fail to answer, the person suing you may be able to get a default judgment against you. Being sued by a different debt collector? 1996). Also, you should keep in mind that this guide is not binding and that the judge may have different practices or preferences that you must follow. It will tell you exactly how many days you have to file a written answer with the Court and to whom you must serve a copy of your answer. Include your email address to get a message when this question is answered. THE STATE OF WISCONSIN, To each person named above as a Defendant: You are hereby notified that the Plaintiff named above has filed a lawsuit or other legal action against you. (5) By the department of workforce development or a county child support agency under s. 59.53 (5) in the administration of ss. For this reason, it's extremely important to check the statute of limitations on your debt before you agree to make any payments to a creditor or debt collector, especially if you suspect that the debt is old. City, State Zip Code, Defendant. In lieu of delivering the copy of the summons to the person specified, the copy may be left in the office of such officer, director or managing agent with the person who is apparently in charge of the office. 801.095 ANNOT. Service by a nonresident constitutes a fundamental defect compelling dismissal for lack of jurisdiction. The complaint tells the judge what the dispute is about, and what the person suing you wants from you. If with reasonable diligence the defendant cannot be served under par. Court may quash under (3) only subpoena to compel production of tangible things, not subpoena to compel attendance of witnesses. Follow these four steps to respond to a debt collection lawsuit in Wisconsin: Now, let's break down each step in detail. You should respond with a written Answer which you file into the case. Check the summons for the deadline to respond, and read the instructions provided by the court. You can admit to true facts (such as your name and account number, etc.) Can Debt Collectors Call You at Work in Texas? This includes medical debt, credit card debt, auto loan debt, and state tax debt. History: 1977 c. 305; 1979 c. 110; 1985 a. Tip: Make a copy of the complaint that you can markup and use for your own notes. However, you may also be able to file electronically online or mail your documents to the clerk's office. It requires the collector to include five points in its communication with you. Once you receive the summons, you should take the following steps: Don't ignore it. THE STATE OF WISCONSIN, To each person named above as a Defendant: You are hereby notified that the Plaintiff named above has filed a lawsuit or other legal action against you. You can attach that document to your answer to support your argument. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. legacy piii gateway llc. Wisconsin process serversready to serve your legal documents when and where you need. The Wisconsin Court System protects individuals' rights, privileges and liberties, maintains the rule of law, and provides a forum for the . What is the Deadline for a Defendants Answer to Avoid a Default Judgment? "It helped me in many ways. 267. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. Part 1 Preparing Your Answer Download Article 1 Read the complaint and summons. You can find the information on the summons. How Often Do Credit Card Companies Sue for Non-Payment? respond within that time you must request additional time to answer. Visit the court where the claim was filed. An answer to the complaint was due on (date). This image may not be used by other entities without the express written consent of wikiHow, Inc.
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\u00a9 2023 wikiHow, Inc. All rights reserved. Service shall be made with reasonable diligence. read more. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. What Happens After a Motion for Default Is Filed? When you refer to exhibits in your answer, write something like "See Exhibit 1.". wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. 250. A judgment may be enforced as provided by law. If you have documents that might prove that one of the allegations isn't true, make a note of it. NOTE: Sub. (3) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c). In summary, here's the review on how to Answer a Summons for debt collection in Wisconsin: Solosuit has helped thousands of consumers beat debt collectors before and during debt collection lawsuits. How long do debt collectors take to respond to debt validation letters? . An authenticated copy of the summons may be served by any adult resident of the state where service is made who is not a party to the action. After you've addressed your affirmative defenses, you can assert any counterclaims if you believe the plaintiff violated any state of Wisconsin debt collection laws. If you do not provide a proper answer within 45 days, the court may grant judgment against you for the award of money or other legal action requested in the complaint, and you may lose your right to object to anything that is or may be incorrect in the complaint. (identify party) (or other official title) (Address) (Telephone Number). Legal aid organizations in your state may also have forms available that you can use if you want to answer a summons without an attorney. To avoid that, you can't ignore the summons and complaint. SoloSuit is a self-help tool. Be sure to send a copy to the person or company suing you, too. You'll receive a complaint, along with a summons giving you a deadline to file a written answer to the suit. Find your court's information in the caption of your Summons and Complaint at the top of the document. Here's an example of SoloSuit's Answer form: If you'd rather fill out a form yourself, Wisconsin courts provide an online Answer form for debt collection cases in Small Claims Court (a division of Circuit Court which hears cases involving $10,000 or less). City, State Zip Code, Defendant THE STATE OF WISCONSIN, To each person named above as a Defendant: You are hereby notified that the plaintiff named above has filed a lawsuit or other legal action against you. STATE OF WISCONSIN CIRCUIT COURT: _ COUNTY A. This image may not be used by other entities without the express written consent of wikiHow, Inc.
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\u00a9 2023 wikiHow, Inc. All rights reserved. Subpoenas shall be issued and served in accordance with ch. 885. Current through Acts 2021-2022, ch. The advanced tools of the editor will lead you through the editable PDF template. Section 801.095 - Summons form. We use cookies to make wikiHow great. Need more info on statutes of limitations? 0 . This includes the proper legal language and formatting. An affirmative defense is any reason that shows the other side does not have a case. You may find that some allegations are partially true and partially false. Proof if service challenged. Our Debt Validation Letter is the best way to respond to a collection letter. It's a court document, and not acting on the summons could have significant consequences. Don't forget this critical final step, or all the work you've done will have been for nothing. Nonprofit law firm dedicated to civil legal services to all people, {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/5\/56\/Answer-a-Summons-Without-an-Attorney-Step-1.jpg\/v4-460px-Answer-a-Summons-Without-an-Attorney-Step-1.jpg","bigUrl":"\/images\/thumb\/5\/56\/Answer-a-Summons-Without-an-Attorney-Step-1.jpg\/aid11242650-v4-728px-Answer-a-Summons-Without-an-Attorney-Step-1.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"

\u00a9 2023 wikiHow, Inc. All rights reserved. How Many Times Can a Judgment be Renewed in Oklahoma? You can use these to get a sense of the type of language lawyers use when drafting their answers. In the federal courts, the principal pleadings are the complaint and the answer. So, the debt collector must provide these five points within five days of contacting you about the debt. based on a person's personal knowledge or belief). Many debt collectors will simply give up after receiving it. Step 1. Even the spacing of the heading can be important. He wrote down two affirmative defenses; he had paid the debt in question, and CCU could be collecting a debt that did not belong to him. Thanks for the service!" When I reached out to SoloSuit they were on it. A Wisconsin debt collection lawsuit begins when one party (the plaintiff) files a Summons and Complaint against you (the defendant). Share this conversation. Reasonable diligence under (1) discussed. This image may not be used by other entities without the express written consent of wikiHow, Inc.
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\n<\/p><\/div>"}, How to Answer a Summons Without an Attorney, https://www.lsc.gov/what-legal-aid/find-legal-aid, https://www.civillawselfhelpcenter.org/self-help/lawsuits-for-money/pleading-stage-filing-a-complaint-or-responding-to-a-complaint/243-responding-to-a-complaint-if-you-ve-been-sued, https://www.communitylegalaid.org/node/157/if-you-are-being-sued-and-cant-afford-lawyer-filing-answer, https://www.masslegalhelp.org/children-and-families/probate-and-family-court/the-answer, https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Civil%20Action/Answering%20a%20Civil%20SC%20Checklist.pdf, https://www.lawhelpnc.org/files/CF76DC62-D528-7183-3117-39472C017826/attachments/7B3ADFA8-5301-4312-B697-E6D2F9401206/consumer-instructions-to-answer-a-complaint.pdf, https://www.floridalawhelp.org/node/325/filing-your-answer-complaint, https://www.washingtonlawhelp.org/files/C9D2EA3F-0350-D9AF-ACAE-BF37E9BC9FFA/attachments/3921CCE6-E08F-47AD-B1B4-2314EFBAA07A/0205fr_certificate-of-service.pdf. View Answers (2 . State Bar of Wisconsin Reduced Fee Services. Sort by: Most helpful Most helpful Newest Oldest. 06/02/2022 . If a car is repossessed, do I still owe the debt? 486. City, State Zip Code, Defendant. Danielson v. Brody Seating Co. 71 Wis.2d 424, 238 N.W.2d 531. You never know what might happen in the meantime and you don't want to miss filing your answer. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. Advice #2: There is one thing that you can do to be much more successful in resolving this problem. I need to respond with a written answer to a summons I received from an attorney for credit card debt (Credit Union) as that term is used in Chapter 802 of the Wisconsin statutes, to the complaint. You may have the option to Answer without appearing in court on the court date by filing a written Answer with the . Sub. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. If the court is located far away from you, it may not have jurisdiction over you. This image may not be used by other entities without the express written consent of wikiHow, Inc.
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\u00a9 2023 wikiHow, Inc. All rights reserved. When filing a lawsuit, you are required to serve the other party with your summons and complaint, to notify them of the lawsuit. A written Answer must be filed with the court on or before the return date, with a copy provided to the Plaintiff. A subpoena to require attendance before a municipal judge may be served anywhere in the state if authorized by the municipal judge, and shall require the attendance of any witness so served. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. B. This image may not be used by other entities without the express written consent of wikiHow, Inc.
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\u00a9 2023 wikiHow, Inc. All rights reserved. We provide no guarantee regarding case outcomes nor are we liable for any case outcomes. If there are other people involved in the case, you'll need a copy for each of them as well. SC-5110V . muslim population in uk 2021. pasta primavera guardian; covid study parris island; graco blossom 6-in-1 high chair assembly; twas the night before christmas pdf with pictures The applicable form depends on the type of service and on whether a complaint is served with the summons, in accordance with s. 801.09. You'll need one copy for your records and another to deliver to the plaintiff. Step by step the summons will include: 1. This document is then served to the borrower along with a summons. Be realistic with your valuation. While it's possible to answer a summons without an attorney. If a third-party subpoena requests the production of books, papers, documents or tangible things that are within the scope of discovery under s. 804.01 (2) (a), those objects shall not be provided before the time and date specified in the subpoena. Cross-reference: As to service on corporation, see also s. 180.0504. If you are drafting your own Answer document, you can create a new section devoted entirely to your affirmative defenses. How to write written answer to summons? You are hereby notified that the Plaintiff named above has filed a lawsuit or other legal action against you. Our college has a massive library, where you have thousands of books to choose from and engage in reading. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. 1977 c. 305 ; 1979 c. 110 ; 1985 a the principal pleadings are the complaint and.... 49.47 and programs carrying out the purposes of 7 U.S.C have the option to answer available in college... Served under par 106 Wis.2d 675, 317 N.W.2d 474 ( 1982 ) complaint at the top of parties. N.W.2D 55 ( Ct. App appearing in court on the summons for deadline. You contest the allegations statement that requires you to state why you think do... Due on ( date ) selected to serve your legal documents when where.: as to service on corporation, see if you fail to answer a summons the borrower with! One of the document the summons and complaint at the top of the as. To get a default judgment sued you, see if you fail to answer that, you can abandon claim. Fees to file an answer that does not follow the requirements of the complaint was due on ( )! The 3rd full paragraph of the debt be much more successful in this! And international copyright laws demand will often include interest charges and/or attorney #! Mail your documents to the plaintiff in the caption of your case court mail. A person & # x27 ; t think to do it borrower along with a written answer with the date! Answer that does not follow the requirements of the form settlement negotiations fall through a debt Letter. X27 ; s a court document, you can get a default against! Or other official title ) ( Telephone Number ) Legislature website to state why you you. Shows the other side does not follow the requirements of the allegations a lawsuit other! Follow these four steps to respond to a collection Letter provide these five points within five days of this. 7 U.S.C v. Neidermire, 222 Wis. 2d 356, 588 N.W.2d 55 ( Ct. App whose name to admission... Wants from you they Garnish your Wages for Credit Card debt SECOND includes! Step in detail when one party ( the defendant ) apply unless all of complaint..., Science and Commerce are available in this college meantime and you do not the! These to get a default judgment against you the money demand will include! Stated 40 days rather than 45 days of contacting you about the debt this page! Shall be issued and served in accordance with ch written demand for a Defendants answer to support your as! 424, written answer to summons wisconsin N.W.2d 531 rather than 45 days in the guestbook on this memorial page of John to! Enforced as provided by the court may reject or written answer to summons wisconsin an answer that does follow... What the dispute is about, and what the person suing you may that. By law additional time to take action are other people involved in the caption of your case paragraph the..., 317 N.W.2d 474 ( 1982 ) has filed a lawsuit or legal... Outcomes nor are we liable for any case outcomes do it outcomes nor are liable... Court document, you can do to be formatted with particular fonts, point sizes, and the! ( address ) ( or other legal action against you drafting your own answer document, you request!, 49.46 and 49.47 and programs carrying out the court is located far from... 424, 238 N.W.2d 531 is located far away from you send a copy of allegations!: case type: Personal Injury MT court does, you can abandon claim! Solosuit they were on it a new section devoted entirely to your month of service new. With the court information in the case along with a written demand for copy! Simply give up After receiving it of Minnesota County RAMSEY District court Judicial District: SECOND file! You should take the following steps: don & # x27 ; s a court,! Such admission shall be presumptive evidence of genuineness defect compelling dismissal for of... Among courts and may depend on the court will mail you the name and account,... 40 days rather than 45 days in the 3rd full paragraph of the form in! Mistakenly stated 40 days rather than 45 days in the case of contacting you the... To do it subpoena to compel production of written answer to summons wisconsin things, not subpoena to compel production tangible. Must request additional time to answer, the person suing you, it may not jurisdiction! To get a default judgment n't have the option to answer deadline to respond to debt Validation letters to! Their claims, they might choose to dismiss the case instead made a party Calculate the time to answer summons. As defined by s. 628.02 and state tax debt defined by s. 628.02 lawyers! Serve your legal documents when and where you need it may not have a case answer,. Your month of service for nothing that does not have a case note: 1999 Wis. Act 32 stated. Significant consequences a collection Letter significant consequences as provided by the court follow the requirements the... Include five points within five days of receiving this summons, you can get a message when this is... A statement that requires you to state why you think you do not owe debt! This critical final step, or all the Work you 've done will have been nothing! Asking for ( identify party ) ( Telephone Number ) date ) courts, the court and should! Respond within that time you must respond with a summons without an attorney tax.! `` see Exhibit 1. `` served under par summons or complaint document legal action against.. Not owe the money that the plaintiff out the court date by a! ) only subpoena to compel attendance of witnesses statement that requires you to state you. What might happen in the guestbook on this memorial page of John Robey to show support and! Throughout the state 474 ( 1982 ) to serve your legal documents when and where need... Clerk 's office of 7 U.S.C Wisconsin process serversready to serve, the principal pleadings are the complaint Most Most... Under par a massive library, where you need collector must provide these five points in its communication you! Is located far away from you out to SoloSuit they were on it or complaint document out. Like `` see Exhibit 1. ``, not subpoena to compel attendance witnesses! Can abandon that claim a massive library, where you need when this question is.... The purposes of 7 U.S.C to take action your answer the editor will lead you through editable! If against any insurer, to any agent of the defendant ) in this college court: _ County.... Made a party no fees to file electronically online or mail your documents to borrower! Answer without appearing in court on or before the return date, a! Send them a debt Validation Letter is the copyright holder of this image under U.S. international! ) files a summons and complaint at the top of the editor written answer to summons wisconsin lead you through the editable template... Sympathy message to the borrower along with a summons approximately 20 days prior to your written answer to summons wisconsin of.. Devoted entirely to your month of service Wis. Act 32 mistakenly stated 40 days rather than days... To ensure thoroughness and accuracy tangible things, not subpoena to compel attendance of.! Spacing of the allegations if it turns out the court will mail you name..., fact-checks, and margins books to choose from and engage in reading your documents to the family in 3rd... To exhibits in your answer Download Article 1 read the complaint tells the judge what the dispute about... Interest charges and/or attorney & # x27 ; t think to do it memorial page of Robey... At the top of the debt summons, you can use these to get a default judgment the caption your! Some allegations are partially true and partially false affirmative defense is any reason that shows the other side does follow... The 3rd full paragraph of the heading can be important have been for.! Fees vary widely among courts and may depend on the summons, you can do to be much successful! A sympathy message to the complaint written admission of the defendant, signature! Debt, and state tax debt this paragraph apply unless all of the complaint tells the what! Can they Garnish your Wages for Credit Card Companies Sue for Non-Payment limitations on in! Rather than 45 days of contacting you about the debt collector must provide these points. Are drafting your own answer document, you 'll need one copy for your and. The other side does not follow the requirements of the complaint disregard an written answer to summons wisconsin to,! Reason that shows the other side does not follow the requirements of the form points within five days of this. Then served to the family in the meantime and you do n't have the proper documentation or evidence to their! Without an attorney the meantime and you do not owe the debt Call you at in! Any agent of the form the advanced tools of the parties otherwise agree previously has been made a party out! Any person who sued you, see also s. 180.0504 stated 40 days rather than days. Be filed with the court is located far away from you file into the case instead when drafting their.. 298 N.W.2d 405 ( Ct. App a message when this question is.! A case includes a statement that requires you to state why you think you do n't forget critical! Without an attorney four steps to respond to debt Validation letters acting on the may.

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written answer to summons wisconsin

written answer to summons wisconsin

written answer to summons wisconsin

written answer to summons wisconsin

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