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how to file an answer with the court

Date: Tue, 01/29/2008 - 09:54

Submitted by anonymous
on Tue, 01/29/2008 - 09:54

Posts: 202330 Credits: [Donate]

Total Replies: 8


How do file an answer with the court? I can't find a sample letter. Thanks.[font=Arial][/font]


What state? What court? Each state has different rules of civil procedure. The summons that you received should tell you what you need to do - either (a) show up in court on a specific date or (b) file an answer (response) to the complaint.

If you don't know what to do, call your local county bar association for a referral for an attorney who handles consumer credit issues.


lrhall41

Submitted by davidw on Mon, 10/20/2008 - 18:32

( Posts: 54 | Credits: )


I am in CA, and received a summons for a credit card debt from an "attorney" collector. I don't agree with the debt/amount, but spoke with them in an attempt to settle out of court just to make it go away. They said I would need to make a payment, but first sign some "paperwork" to agree to the settlement terms. I decided NOT to sign the papers, but instead filed an answer to the court with affirmative defenses. I did so within 30 days, properly served the debt collector with copies and paid my court fees.

I am now awaiting a court date (I think??), but just received a letter from the collector that they will request a judgement if I do not pay the settlement amount immediately.

My questions are 1) Can/should I send the collector a DV letter now? I want more information on this "debt." (It has been almost a month since I filed the Answer to the court.)

2) I've not received a hearing date yet (will I - or is there something else I need to do). Aren't I entitled to go to court and try to fight this (at least the amount, which I do not agree with)?

3) Can they file a judgement against me before I even get a hearing date?

Thanks.


lrhall41

Submitted by on Wed, 11/25/2009 - 06:59

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