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I received a summons , for a credit card debt. It states thatIm

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I received a "summons", for...
I received a "summons", for a credit card debt. It states thatI'm required to file a written answer, with the court clerk, within 30 days. What do I do? Tell them I dispute the debt. Is there some some pre-written form to fill out? I'm lost, and broke, I don't have funds to pay a lawyer, at this point.
Submitted: 9 years ago.Category: Bankruptcy Law
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9/4/2008
Bankruptcy Lawyer: JP, Attorney replied 9 years ago
JP
JP, Attorney
Category: Bankruptcy Law
Satisfied Customers: 109
Experience: Represented creditors and individuals in bankruptcy and consumer matters.
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You need to file what is called a "General Denial". This is an answer that shows the Court that you are taking an interst in your case but are going to generally deny all of the allegations made against you, until you have an opportunity to obtain more informtion on the case. It is the basic answer filed in most civil cases throughout the State.

 

If you were to conduct an internet search for a "General Denial" I am sure that you would be able to find examples. It is a fairly simple answer and you do not need an attorney to file the General Denial in your case.

 

Failure to file an answer in the case will result in a default judgment being filed against you, which means that the creditor will win and will get everything he asks for because you failed to participate in the litigation. You can participate in the litigation without an attorney, but you should be sure to appear at every hearing scheduled in the case and begin to contact the Court clerk immediately to determine the current status of the case. The Court Clerk may also have an answer form that you can fill out.

 

You can also simply type a letter and file it with the Court as an answer, but the general denial is a much better way to file an answer in this case.

 

You may also want to consider contacting a volunteer lawyer's association or legal clinic in your area, because they may help you defend against this matter for free. Either way, fle your answer asap. Be active in the litigation and show the Court that you are interested in the outcome of the case. If the creditor is unable to present a sufficient amount of evidence to prove the validity of the debt, you may actually win the case.

 

I hope you found this information helpful.

 

Best Regrds,

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Customer reply replied 9 years ago
Thanks. Yes, this was helpful, except the part about showing up. I live in Texas and the court is in Utah.
Bankruptcy Lawyer: JP, Attorney replied 9 years ago

Then it sounds as though the lawsuit should have been filed in Texas, where you currently live.

 

In that case BEFORE you file the general denial, you need to notify the Court of your current residence and ask that they transfer the case to Texas or dismiss the case and force the creditor to refile it in Texas. Do NOT file the answer first. You must file a Motion to transfer venue first because if you file the answer before the Motion to transfer, the Court may not allow you to request transfer of the venue to Texas and you may find yourself stuck trying to defend the matter in Utah.

 

You should be able to find a sample Motion to Transfer Venue online, but may want to consider a visit to your local law library for additional assistance.

 

Best Regards,

JP
JP, Attorney
Category: Bankruptcy Law
Satisfied Customers: 109
Experience: Represented creditors and individuals in bankruptcy and consumer matters.
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