Thank you for submitting your important legal issue to Just Answer. I am pleased to have the opportunity to provide you with an honest and easy to understand answer to your question.
I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.
Generally, to file a lawsuit, a party must obtain what's called "service of process" on the party which is being sued. Since you were overseas for 8 months, it is likely true that the Creditor obtained what is called "substituted service", meaning they provided you notice of the lawsuit through another method rather than personal service. Now that you have received notice by the letter, you do need to file some kind of responsive pleading. I would recommend filing a Special Appearance, which states that the Plaintiff never obtained personal jurisdiction over you in this lawsuit because you were never served with process. This should stop the court from issuing a default judgment in your case. Should the Creditor have actually obtained substituted service or some other form of service of process, then you need to immediately file an Answer with a General Denial, which states something to the effect of: "Defendant denies each and every, all and singular, allegations and claims made in Plaintiff's Original Petition and all amendments and supplements thereto.
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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Zachary D. Norris or The Norris Law Firm. For complete legal advice and representation
, you should consult with an attorney licensed to practice in your state.