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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12833
Experience:  B.A.; M.B.A.; J.D.
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I am being sued by discover credit card bank. I suppose to

Resolved Question:

I am being sued by discover credit card bank. I suppose to show up in court on mon. 4-6. It states: "If you or your atty.do not file a written answer with the clerk who issued this citation...   Would you please be so kind and advise me on what to do. Also discover states that I owe them an extremely high amount, which I dont. I defaulted on this unsecured credit card because my husband and I both lost our jobs and I was so disgusted and upset I said the hell with it. It's not a good thing to do I know that now and these bills are haunting me. Please help. Your advise is very greatly appreciated. Sincerely XXXXX XXXXX a nice night, Gerda Davis
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 5 years ago.

First and foremost, do not be afraid.

Second, answer the complaint.

You answer the complaint by denying or admitting to the allegations on the complaint, or stating that you do not have enough information to admit or deny the allegation. You also put in some defenses you may have against the creditor

You answer each numbered paragraph separately:

Defendant's answer to the Plaintiff's Complaint

Now comes (your name), the Defendant, in the above-captioned action and responds to the Plaintiff’s Complaint as follows: Examples


1. The Defendant does not have sufficient information to deny or admit to allegations in Paragraph 1.

2. Admit.

3. The Defendant does not have sufficient information to deny or admit to allegations in Paragraph 3.

4. The Defendant does not have sufficient information to deny or admit to the allegations in Paragraph 4. This is a contract action and Plaintiff did not attach a copy of the subject contract to its Complaint.

and so on...


Lastly, you state: WHEREFORE, the defendant requests that the Court dismiss the Plaintiff's case, etc.


Then you sign and date your answer, include your name, address, and phone number.


Your submit the original of your answer to the Court and serve a copy to the creditor’s attorney.


Date on the left

Name, address, phone number on the right

_______________
April 1, 2009


Name and Address
Phone Number


Sample Certificate of Service:

CERTIFICATE OF SERVICE

I, XYZ, certify that I have this 1st day of April, 2009 served a copy of the within Defendant’s Answer to Plaintiff’s Complaint for Damages on ( ABC ) and (ZZZ), by mailing said thereof by first class mail, postage prepaid, to its Attorney at the following addresses:
(1)

(2)
Signed under penalties of perjury,

Date on the left

Name, address, phone number on the right



________________________
Date: April 1, 2009


Your Signature
Your name and address
Phone number here


Also, check out this site for tips on how to defend collection lawsuits:


http://www.nedap.org/hotline/defenses.html


Best wishes,



Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12833
Experience: B.A.; M.B.A.; J.D.
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