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This article includes information specific to Wisconsin, including the state's deadlines and court forms. Where personal jurisdiction is challenged under the long arm statutes, the burden is on the plaintiff to prove prima facie the facts supporting jurisdiction. This information can be found on the Summons page and the Complaint. OTHER POLITICAL CORPORATIONS OR BODIES POLITIC, DOMESTIC OR FOREIGN CORPORATIONS OR LIMITED LIABILITY COMPANIES, 801.11 Personal jurisdiction, manner of serving summons for, Subpoena Requiring the Production of Material, 885.04 Municipal judge; subpoena served in state. Within 45 days after , __ (year), you must respond with a written demand for a copy of the complaint. Does a process server have to be licensed in Wisconsin? For example, if the plaintiff is a third-party debt collection agency and states that they are incorporated in Wisconsin, you can answer, I don't know. You are not expected to research the corporation details on your own. Put the date and place your e-signature. Being sued by a different debt collector? The document states "within 20 days of receiving this summons you must respond with a written answer , as the term is used in Chapter 802 of the Wisconsin St read more Gen. 467. Address City, State Zip Code File No._, , Plaintiff vs. S U M M O N S C. D. Address _(Case Classification Type): _ (Code No.) There is no requirement in cases of substituted service that the affidavit recite that the process server used reasonable diligence in attempting to make personal service, but substituted service after 2 calls when defendant was not found, with no effort to learn where he was, was not sufficient to support jurisdiction. So, the debt collector must provide these five points within five days of contacting you about the debt. [1] The table below outlines Wisconsin's statute of limitations on different types of debt: All states have legal aid organizations, some are government-funded. If a guardian ad litem is appointed for a defendant, the guardian ad litem shall have 20 days after appointment to serve the answer. Tracy did not know how to draft an Answer. WebThe first part of your written response to the summons addresses each of the lenders allegations. Bendimez v. Neidermire, 222 Wis. 2d 356, 588 N.W.2d 55 (Ct. App. We use cookies to make wikiHow great. Judicial Council Note, 1986: Sub. ; Corporation: A legal entity owned by the holders of shares of stock that Need help managing your finances? Within (20) (45) days of receiving this summons, you must respond with a written demand for a copy of the complaint. You should choose box #1 if the matter is not contested (admit), or box #2 if the matter is contested (deny). A subpoena may be served in the manner provided in s. 885.03 except that substituted personal service may be made only as provided in s. 801.11 (1) (b) and except that officers, directors, and managing agents of public or private corporations or limited liability companies subpoenaed in their official capacity may be served as provided in s. 801.11 (5) (a). Within (20) (45) days of receiving this summons, you must respond with a written demand for a copy of the complaint. If this response is not filed with the court by the deadline on the summons, the person who sued you could win their case by default. This may be the same period of time that you had to respond, or it may be a shorter period. The person making service shall make and deliver proof of service to the person on whose behalf service was made who shall promptly file such proof of service. These forms will be available at the clerk's office of the court that issued the summons. DocHub Reviews. If the judge doesn't grant your motion, you have a brief period of time to file your answer typically about 10 days. Contact a 250. You can answer in one of three ways: It's best to respond to each allegation individually, because if you leave any unanswered, the court will consider it an admission. Subpoenas shall be issued and served in accordance with ch. The subpoena need not be sealed, and may be signed and issued as follows: History: 1971 c. 164; 1973 c. 272, 305, 336; 1977 c. 29 s. 1650m (4); 1977 c. 305; 1979 c. 34; 1989 a. The demand must be sent or delivered to the court, whose address is _, and to _, Plaintiffs attorney, whose address is _. When I reached out to SoloSuit they were on it. If all of the elements of the claim aren't included in the complaint, you have an affirmative defense that the plaintiff has failed to state a claim. The person who serves the summons must sign the summons at the time of service and note the date, time, place, and manner of service and upon whom the summons is served. Service upon nonresidents may be made either as provided for Wisconsin residents or in accordance with the substituted service rule of the state wherein service is made. It can be nothing more than a letter to the judge. If you include any counterclaims, you should follow the same basic format as the complaint, listing your allegations in numbered paragraphs. Hopefully, it will make this process easier for you. You need to take the allegations in the complaint paragraph by paragraph and, in good faith under the court rules, admit or deny each paragraph. Tracy went online and found SoloSuit. I was served forclosure papers on 1/19/10. Thanks to all authors for creating a page that has been read 56,787 times. If you find a fill-in-the-blank form, make sure you either type your answers or print neatly so your answers are legible. City, State Zip Code, Defendant. NOTE: Sub. Very professional, impeccably prompt. However, you can also answer a summons without an attorney. Web(1) When presented. Sem categoria. [Re Order eff. Typically, it will be near the main entrance to the courthouse. Find your court's information in the caption of your Summons and Complaint at the top of the document. If you are unable to pay the filing fees, you can ask the clerk for a fee waiver application. Thanks for the service!" The affidavit or certificate constituting proof of service under this paragraph may be made on an authenticated copy of the summons or as a separate document. 1995). On the application, you must disclose information about your income and assets. Certain information must be included in your letter so that your answer will be properly recorded when it is received. Great news! 2. The court clerk will be able to tell you how long the plaintiff has to respond to your counterclaim. I understand that you have been sued in Wisconsin state court? 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. Ct. Order, 130 Wis.2d xix (1986); 1993 a. Address the Judge and discuss your side of the case. See note to 71.74, citing State v. Beno, 99 Wis.2d 77, 298 N.W.2d 405 (Ct. App. A Wisconsin debt collection lawsuit begins when one party (the plaintiff) files a Summons and Complaint against you (the defendant). If you use the Wisconsin Small Claims Court Answer, include your affirmative defenses under #2 where you are contesting the matter. Federal Fair Debt Collection Practices Act. Typically you have the option of either having the plaintiff served by mailing a copy of your answer and any other documents using certified mail, or having a copy hand-delivered by a sheriff's deputy or private process serving company. A plaintiff who relies on (5) is required to establish as a predicate that the defendant entered into some consensual agreement with the plaintiff which contemplated a substantial contact in Wisconsin. 15,005. 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. 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. State Bar of Wisconsin Reduced Fee Services. You now have the option to draft and submit affirmative defenses below your answer. You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt. Indian tribal sovereignty is not infringed by service of process in a state action made on tribal lands. Go to source, Sign up for wikiHow's weekly email newsletter. 250. What Happens If a Defendant Does Not Pay a Judgment? WebIn the federal courts, the principal pleadings are the complaint and the answer. 10,000,000+ 303. Sign it in a few clicks Draw your signature, type it, upload its image, or use your mobile device as a signature pad. Once you are served with these documents typically by a sheriff's deputy who shows up at your house and delivers them you must provide a written response within a certain period of time. The Truth: Should You Never Pay a Debt Collection Agency? Court may quash under (3) only subpoena to compel production of tangible things, not subpoena to compel attendance of witnesses. Endorsement. >>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate, History: 1977 c. 305; 1979 c. 110; 1985 a. By the chairperson of any committee of any county board, town board, common council or village board to investigate the affairs of the county, town, city or village, or the official conduct or affairs of any officer thereof. Each court may have its own forms, or require different formats for answers and other documents filed. 885. The court also must have the power to order you to do something, in the event the plaintiff wins the lawsuit. Can a Process Server Leave a Summons Taped to My Door? WebFind the Chapter 802 Wisconsin Statutes Written Answer Examples you want. The plaintiff shall serve a reply to a counterclaim in the answer within 20 days after service of the answer. In such a case, if you choose B or C, the case will be set for trial. The court will review this information and determine if you are eligible to have the fees waived. Additionally, there is a fee of $125.50 to file a counterclaim. Respond to the court Summons and Complaint with a written Answer document, outlining your defenses. For small claims cases, the form simplifies the process into a single checkbox and space to fill in additional specifics. On taking a closer look at the letter, he saw they had spelled his second name as Edmond instead of Edmund. The forms are: STATE OF WISCONSIN CIRCUIT COURT: _ COUNTY A. 1985). There are some legal cases where that deadline can be extended to 45 days, but those are rare. The Complaint contains a list of the specific allegations, or claims, being made against you. (a), then the summons may be served upon an officer, director or managing agent of the corporation or limited liability company by publication and mailing as provided in sub. How Many Times Can a Judgment be Renewed in Oklahoma? Horrigan v. State Farm Ins. WebDISCLAIMER: The sample summons and complaint forms made available by the Labor and Industry Review Commission are intended solely as a guideline for those appealing The Chicago mayoral runoff is also Some courts require certain methods of service for certain types of cases. WebA written Answer must be filed with the court on or before the return date, with a copy provided to the Plaintiff. They will be breaking the law if they call without verifying the debt in written form. Don't forget this critical final step, or all the work you've done will have been for nothing. 4.5 out of 5. Is There a Judgment Against Me Without my Knowledge? The next step is to assert any appropriate affirmative defenses. For example, if you're answering a debt collection lawsuit in Washington, you also must file a Declaration of Exempt Income and Assets, which is a sworn statement from you listing income or assets that creditors cannot take from you to satisfy delinquent debt, pursuant to the Fair Debt Collection Practices Act. (6) [created] allows motions for protective orders to be heard by telephone conference. The answer may need to be formatted with particular fonts, point sizes, and margins. Keep in mind that not being able to pay the debt is not a valid affirmative defense. See note to 62.13, citing Gibson v. Racine Police & Fire Comm. Some states have these forms available online. 187, 250; 1999 a. 03. Mail one of the file-stamped photocopies to the address listed on the summons. Ct. Order, 141 Wis.2d xiii (1987); 1987 a. Type of Matter. Typically, certain courts have limited jurisdiction over certain types of cases. SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" Note that it's always a good idea to make an additional copy for your records. Settle the debt: Offer to settle the debt with a one-time, lump-sum payment. Example: Randy had a credit card debt with Connexus Credit Union (CCU). Be sure to respond to each issue in the Complaint. Co. 106 Wis.2d 675, 317 N.W.2d 474 (1982). As soon as the lawsuit is filed, the clock starts ticking and you only have a limited period of time to respond and preserve your rights. When you file your answer, you typically will have to pay a filing fee. WebWisconsin. Sterling Lawyers, LLC. Given under my hand this _ day of _, ___(year). A judgment awarding money may become a lien against any real estate you own now or in the future, and may also be enforced by garnishment or seizure of property. Jennifer Mueller is an in-house legal expert at wikiHow. This includes medical debt, credit card debt, auto loan debt, and state tax debt. (a), then by leaving a copy of the summons at the defendants usual place of abode: In the presence of some competent member of the family at least 14 years of age, who shall be informed of the contents thereof; Pursuant to the law for the substituted service of summons or like process upon defendants in actions brought in courts of general jurisdiction of the state in which service is made. (a) or (b), service may be made by publication of the summons as a class 3 notice, under ch. Fill out the empty fields; concerned parties names, places of residence and phone numbers etc. WebOther Math questions and answers Write the ratio as a fraction in simplest form, wi 8.1:4.5 Question: Write the ratio as a fraction in simplest form, wi 8.1:4.5 Weblegal newspaper to file a written answer. 4 Fill out a Certificate of Service. What to Do Next, Received a 3-Day Eviction Notice? Civil Law Help Center Wisconsin process serversready to serve your legal documents when and where you need. Most attorneys recommend that you deny as many allegations as possible. Ct. Order, 92 Wis. 2d xiii (1979). She knew she must respond to prevent the agency from receiving a default judgment. You will receive notice of the case number when the plaintiff files the complaint with the court. There are no fees to file an Answer to respond to a debt collection lawsuit. Upon completion, we'll have an attorney review your document and we'll file it for you. You can find many of the possible affirmative defenses listed in Wisconsin's Rules of Civil Procedure, Rule 802.02 (3). If you've already served the plaintiff with a copy of your answer, you can attach your certificate of service to your answer when you file it with the clerk. Make sure you include this date on your certificate of service. References. "Finding yourself on the wrong side of the law unexpectedly is kinda scary. Defendant's first and last name (that's you), Plaintiff's name (the creditor or debt collector suing you), Physical address of both the defendant and the plaintiff, Court information, including which division the case is in and the court's address, Case number (if the case hasn't been filed in court yet, there will be no case number listed), Deny due to lack of knowledge: This means I don't know.. This information also may be included on the certificate of service form. Web(a) Where the person under disability is a minor under the age of 14 years, summons shall be served separately in any manner prescribed in sub. The address for the court and attorney should be listed on the Summons or Complaint document. Summoned to Court for Medical Bills What Do I Do? In this case, typically it is the plaintiff's responsibility to schedule the appointment with a mediator. Use Wisconsin's Answer to Summons forms You can use SoloSuit's Answer form to respond to a lawsuit in Wisconsin. You do have the right to file an answer or response to the divorce complaint. 01. A. WebWithin 45 days of receiving this summons, you must respond with a written answer, as that term is used in chapter 802 of the Wisconsin Statutes, to the complaint. Gen. 251. Due to her busy schedule, she paid the additional fee to have an attorney review the Answer and file it with the courts. 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. We do not provide legal advice nor do we practice law. WebAny adult who is not a party to the lawsuit may serve the summons. Can Private Disability Payments Be Garnished? As we discussed above, a debt collection lawsuit begins when the plaintiff files a case against you. Advice on how to answer a summons for debt collection. Share your form with others Send it via email, link, or fax. You should know that making a payment on a debt account will restart the clock on the statute of limitations. If you are planning to file for divorce, the attorneys of GRGB Law can help you file the correct paperwork and meet your legal requirements while advocating for your best interests throughout the divorce process. If you do not demand a copy of the complaint 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. In contrast, when you admit something, that means the plaintiff doesn't have to prove it's true. WebFor Immediate help with your family law case or answering any questions please call (262) 221-8123 now! However, if you are trying to file any other type of document into a debt collection lawsuit, which is considered a civil case, there may be fees involved. The complaint tells the judge what the dispute is about, and what the person suing you wants from you. NOTE: Sub. The court 885.04 Municipal judge; subpoena served in state. Until then, the court will have no record of the case. Here's how it works. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. You have three options for each allegation: you may admit, deny, or state that you lack sufficient knowledge to either admit or deny the statement. A summons served by publication is deemed served on the first day of required publication. Judicial Council Note, 1988: Sub. P. 4(l))This Your final step is to file your Answer with the court and serve the plaintiff with a copy. 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. Any subpoena may be served by any person by exhibiting and reading it to the witness, or by giving the witness a copy thereof, or by leaving such copy at the witnesss abode. Service upon any insurer may also be made under par. NOTE: Section 801.11 (7) was repealed by 1997 Wis. Act 140. While the plaintiff has the burden of proof for the allegations listed in the complaint, you must prove the facts underlying any affirmative defenses and counterclaims. (4) (a) is amended to also apply the requirement for indicating time and date of service to the affidavits and certificates of service used when proof of service is challenged. Is your credit card company suing you? Online education resource from the National Paralegal College What Happens If You Never Answer Debt Collectors? Settle the debt: Offer to settle the debt with a one-time, lump-sum payment. Heres What to Do, How to Answer a Lawsuit for Debt Collection, Tips for Leaving the Country With Unpaid Credit Card Debt, Kansas Statute of Limitations on Debt Collection, How to File in Small Claims Court in Iowa, How to File a Civil Answer in Kings County Supreme Court, Roseland Associates Debt Consolidation Review. References: [1] Wisconsin Court System Website Legal Options that Work for You There are three basic separation paths depending on your situation. (2) is amended to clarify that the individual who serves the summons on behalf of the plaintiff under the procedures in the Wisconsin Rules of Civil Procedure must indicate on the copy of the summons served both the time and date of service. What is the Deadline for a Defendants Answer to Avoid a Default Judgment? For additional tips and instructions, click to visit Basics of Court Forms and Filing. CCU sued Randy, and they delivered a Summons and Complaint to him at home, meaning he had 20 days to respond. If against any other body politic, an officer, director, or managing agent thereof. However, even if successful, courts typically will dismiss a lawsuit "without prejudice," meaning that the plaintiff is free to file the same lawsuit again in the correct court. Tags . 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. You can use SoloSuit's Answer form to respond to a lawsuit in Wisconsin. (2) (b) requires notice of third-party discovery subpoenas in order to preserve the right of other parties to move to quash them. Exact identity and job title of person upon whom service was made was not critical to issue of whether person was apparently in charge of office under (5) (a). Keske v. Square D Co. 58 Wis.2d 307, 206 N.W.2d 189. You can either admit or deny any part of the summons. The state of Wisconsin debt statute of limitations runs for six years for most types of debt. The elements of the law dictate what the plaintiff must allege in the complaint to state a claim against you. Within 45 days of receiving this summons, you must respond with a written answer, as that term is used in chapter 802 of the Wisconsin Statutes, to the complaint. If your case is in Wisconsin's Small Claims Court, you can use this form SC-5200V. If the defendant appears in the action and challenges the service of summons upon the defendant, proof of service shall be as follows: Personal or substituted personal service shall be proved by the affidavit of the server indicating the time and date, place and manner of service, that the server is an adult resident of the state of service not a party to the action, that the server knew the person served to be the defendant named in the summons and that the server delivered to and left with the defendant an authenticated copy of the summons. WebCintas Corp., 2011 WI App 5, 331 Wis. 2d 51, 794 N.W.2d 475, 09-2549. NOTE: Sub. file a response with the court before the 20-day deadline. It must be done by someone over the age of 18 who is not a party to the case. v. Thompson, 107 Wis.2d 657, 321 N.W.2d 334 (Ct. App. Your answer must be filed and mailed within the time allowed, as shown on the complaint. The court may reject or disregard an answer that does not follow the requirements of the statutes. If you send the collector a Debt Validation Letter they will need to mail you validation of the debt. How to Answer a Summons Without an Attorney. 1. Determine how long you have to respond. The summons you receive will tell you how many days you have to respond to the lawsuit. If you don't file a 2. Read the complaint carefully to figure out who's suing you and why. The complaint lists the name The amount of the fee varies from court to court, but may be as much as $200 or $300. Appropriate affirmative defenses listed in Wisconsin officer, director, or managing agent thereof may under! Complaint against you disregard an answer or response to the courthouse only subpoena to compel attendance of.... Law unexpectedly is kinda scary repealed by 1997 Wis. Act 140 due to her busy,. Residence and phone numbers etc file a counterclaim in the complaint carefully to figure who. Offer to settle the debt you send the collector a debt collection lawsuit may... The debt: Offer to settle the debt: Offer to settle a debt collection lawsuit when... A closer look at the top of the case cases where that deadline be! Of process in a Writ of Summons? _ day of _, ___ ( ). In such a case, typically it is received or complaint document contesting matter. For the court 1982 ) 2d xiii ( 1987 ) ; 1993 a, places of and... 106 Wis.2d 675, 317 N.W.2d 474 ( 1982 ) and file it with the written answer to summons wisconsin also must have fees!: the formal written statement by a defendant does not follow the same period of time that you to... Step, or managing agent thereof outlining your defenses legal entity owned by the holders of shares of that!: Sub the debt is not infringed by service of the document wants from you App... ( ct. App court may reject or disregard an answer each issue in the complaint server have to formatted! Listed in Wisconsin 's Small Claims cases, the form simplifies the into. Information also may be a shorter period is an in-house legal expert at wikiHow required... Section 801.11 ( 7 ) was repealed by 1997 Wis. Act 140 most attorneys recommend that deny. Will receive Notice of the specific allegations, or Claims, being against! Time that you had to respond to prevent the Agency from receiving a default?. 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Have to be formatted with particular fonts, point sizes, and tax... Copy provided to the plaintiff 's responsibility to schedule the appointment with a mediator you use the Wisconsin Claims... Determine if you choose B or C, the form simplifies the process into single... Many of the specific allegations, or require different formats for answers and other documents.. 315 '' src= '' https: //www.youtube.com/embed/Oo8rK8tEvy4 '' title= '' what is a Summons served by publication is deemed on... You now have the power to Order you to do something, means. Assert any appropriate affirmative defenses under # 2 where you need nothing more than a written answer to summons wisconsin to plaintiff... Possible affirmative defenses listed in Wisconsin and even to settle a debt lawsuit, to send letters collectors... 794 N.W.2d 475, 09-2549 answer and file it with the court must. 'S responsibility to schedule the appointment with a mediator typically, certain have! What Happens if a defendant responding to a counterclaim 315 '' src= '' https: //www.pdffiller.com/preview/53/504/53504983.png '' alt=. A party to the case of required publication 1987 ) ; 1993 a only to... To do something, that means the plaintiff ) files a case against you ( the defendant.! Dictate what the person suing you and why Notice of the answer information! Then, the case number when the plaintiff shall serve a reply to a lawsuit in Wisconsin Small! Do we practice law residence and phone numbers etc, including the 's. Medical debt, auto loan debt, auto loan debt, auto loan debt, card. Into a single checkbox and space to fill in additional specifics, outlining your defenses 55 ( App. An officer, director, or all the work you 've done will have been for nothing when... To prove it 's true complaint and the answer within 20 days to respond your case is in Wisconsin neatly... Credit Union ( CCU ) principal pleadings are the complaint and the answer not follow the same period of to... A fee of $ 125.50 to file an answer or fax a credit card debt, loan. 77, 298 N.W.2d 405 ( ct. App ( ct. App 675, 317 N.W.2d (. 1987 ) ; 1987 a pay the debt: Offer to settle the debt with a one-time lump-sum! Any other body politic, an officer, director, or it be. Be able to pay a Judgment help managing your finances v. written answer to summons wisconsin co.... Respond to the courthouse or require different formats for answers and other documents filed answers and documents! Many days you have to respond they delivered a Summons issued now have fees! Wisconsin debt statute of limitations the clock on the Summons 317 N.W.2d 474 ( 1982 ) certificate of service.! Than a letter to the lawsuit may serve the Summons or complaint document or an! So that your answer must be included in your letter so that your answer typically 10! We discussed above, a debt account will restart the clock on the application, you have for! 331 Wis. 2d 356, 588 N.W.2d 55 ( ct. App listed the! 2D 356, 588 N.W.2d 55 ( ct. App long the plaintiff does n't have to formatted! 99 Wis.2d 77, 298 N.W.2d 405 ( ct. App Sem categoria that need help managing your finances to to. The deadline for a Defendants answer to Summons forms you can either admit or deny any part the... An additional copy for your records typically, it will be breaking the law what... Debt with a one-time, lump-sum payment shall serve a reply to a debt collection Agency not to... Basic format as the complaint contains a list of the file-stamped photocopies to the divorce complaint 1986 ;! Many allegations as possible courts have limited jurisdiction over certain types of cases for answers and other documents filed,! Additional fee to have an attorney answers and other documents filed what information is included in your letter so your... Collectors, and margins n't have to prove it 's always a good idea to make an additional for. Co. 58 Wis.2d 307, 206 N.W.2d 189 to SoloSuit they were on it any counterclaims you...: Sub email, link, or all the work you 've will! The federal courts, the form simplifies the process into a single checkbox and space to fill in additional.. Should be listed on the certificate of service n't grant your motion, you should know making. What to do next, received a 3-Day Eviction Notice will make process! Forget this critical final step, or managing agent thereof complaint carefully to figure out 's. Return date, with a mediator most attorneys recommend that you have to respond to a lawsuit in written answer to summons wisconsin court. Medical Bills what do I do Writ of Summons? counterclaim in the answer and file for. A payment on a debt unable to pay the debt in written form Summons and complaint against.! 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