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Need Help Filing Answer To Suit

Date: Sun, 01/10/2010 - 10:17

Submitted by anonymous
on Sun, 01/10/2010 - 10:17

Posts: 202330 Credits: [Donate]

Total Replies: 4


I am currently working with a debt management firm on several CC accounts, however, one of them has filed a suit against me and my firm has completely dropped the ball and did not get a settlement offer yet and I must file an answer to the suit by Tues, which means I have to put it in the mail tomorrow.
I last paid on this acct about 6 months ago and the suit has been filed in the name of the CC company using a lawfirm in my state (Ohio) who is licensed to collect. The account did not go to a 3rd party collection agency, they filed on my right away. There are 5 statements in the complaint, something like:
1) plantiff issued card to defendant (no supporting evidence provided)
2) defendant used card and became bound by terms (no suppporting evidence provided)
3) defandant used card to make purchases, etc. (no supporting evidence provided)
4) current balance is XXXX.XX per exhibit B (copy of last month statement, that merely shows balance and late/overlimit fees)
5) defendant breeched contract by failing to make payment
The complaint contains a copy of my last statement and a copy of the contract, but no additional information. I am going thru a hardship situation and was hoping to settle these accounts thru my debt managment firm when I am able to get the money together, but this card provider moved much more quickly that I would have hoped. I did use this card and run up the balance on it, and though they have not provided any evidence for 1,2,3 or supporting evidence for 4, I'm sure they will be able to quite easily.
Looking for advice as to how to word affirmative defenses here, I am hoping to file an answer and work thru a settlement before it becomes a summary or default judgement, a wage garnishment would push me into bankruptcy. I was hoping my debt managment firm would do their job and get this settled prior to an answer needing to be filed, but they did not (a whole separate story), so this will be my first time filing my answer. Thanks in advance for your answers.


You can still work out a settlement on your own with the attorney who is listed on the complaint. You will have to file an answer, you said they included the original contract that you signed? If so then that will make it more difficult. I would check and see if you could file a Motion to Dismiss in place of an answer due to lack of evidence. It will buy you more time to come up with settlement funds. As long as you file something, it will stretch the process out. If it is not the original contract, I would file MtD because they did not include it.


lrhall41

Submitted by on Mon, 01/11/2010 - 02:52

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