Sued For Credit Card Debt
Date: Thu, 11/10/2011 - 01:26
Not legal advice, but I would file an answer, and if the answer
Not legal advice, but I would file an answer, and if the answer doesn't have to be verified (sworn to), I would deny everything and also include some "affirmative defenses" (look it up). Then you may get a settlement response/offer. The attorney doesn't want it to go to trial any more than you do - his business model likely doesn't include litigating a full testimony phase for a dubious chance to collect a fraction of $700. Study the the Rules of Civil Procedure that apply in the court in which the suit was filed.
At that low of a figure it's likely a small claims case much lik
At that low of a figure it's likely a small claims case much like what I'm dealing with. This most likely means he doesn't go through the process of discovery and answering and so forth.
With mine all I got was a notice in the mail saying I needed to show up to court for the hearing. Luckily for myself they filed in the wrong jurisdiction so I was able to file a motion for a change of venue and drag things out a bit.
For the OP, you should also check to make sure they filed the case in "your" court's jurisdiction. They have to come to you and it seems some of the shady lawyers file in their own jurisdiction which might be a long way from your home in hopes you wont show up.
Questions
Thank you for the responses. I have sent the plaintiff's, Midland Credit Management (MCM), attorney a letter asking if they would negotiate a settlement for the "alleged" debt and if I did not hear back I would file an Answer by Wednesday the 16th. I wrote "alleged" because no one has verified the debt yet. I plan to file an Answer no matter what though I am unsure exactly what to say other than I need the debt verified. The debt is approximateIy $700.00 but they are asking for attorney fees and other fees. I also sent MCM two letters asking for the debt to be verified.
Is there something else I should be doing?
Yes, they filed in the local court. It is not small claims thou
Yes, they filed in the local court. It is not small claims though.
I don't think you understand what an Answer pleading is. Please
I don't think you understand what an Answer pleading is. Please re-read my above post. Normally, an Answer merely responds to each numbered allegation in the complaint with the words "admitted" or "denied." Additionally, an answer can raise Affirmative Defenses. The burden of proving any allegation in the complaint that has not been admitted, is on the plaintiff. The burden of proving any affirmative defense in the response, is on you. If the plaintiff proves the allegations in the complaint while you're unable to prove the allegations in the affirmative defenses, the court issues a judgment for plaintiff.
This is not legal advice.
Yes, I fully understand what an Answer is and I am filing an Ans
Yes, I fully understand what an Answer is and I am filing an Answer and playing dumb asking for info. on the alleged debt and saying I never heard of the debt or MCM until I was served. I sent a letter to their attorney to ask for negotiation and verification of the alleged debt as I call it. Thanks.
Do not waste timing writing in for a settlement. If you want to
Do not waste timing writing in for a settlement. If you want to settle, call them asap. They will settle prior to court. If you can agree to an amount, have them fax you a settlement offer letter.
They never responded to any of my offers to settle or the settle
They never responded to any of my offers to settle or the settlement sheet I filled out that they gave me. Today is the first court date so we will see what happens.