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Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am being sued by credit card company I've set up a payment

Customer Question

I am being sued by credit card company I've set up a payment plan with the attorneys suing me do I need to answer the summons from the court if so how do I go about doing that
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature.I am sorry to hear about this situation.YES an answer still needs to be filed. If an answer is not filed timely, then the Plaintiff wins the case regardless of what kind of agreement you had with them for repayment, and then they can enforce judgment.Filing an answer does several things. It:-allows for the suit to go to trial mode, meaning it will be heard by the Court months from now. This gives time for parties to negotiate;-avoids a default judgment; and-provides any affirmative defenses that one may have.An example of an answer is below: CAPTION (TITLE AND PARTIES AND CAUSE NUMBERDEFENDANT'S ORIGINAL ANSWER (centered)NOW COMES Defendant, YOUR NAME, named Defendant in the above-entitled and numbered cause, and files this Original Answer, and shows the Court:PARTY IDENTIFICATION INFORMATION1. The last three digits of the driver's license number of YOUR NAME are ...... The last three digits of the social security number for YOUR NAME are ..... DENIALDefendant denies each and every allegation of Plaintiff's Original Petition, and demands strict proof thereof as required by rules of evidence and procedure for the State of Texas AFFIRMATIVE DEFENSE(if any)PRAYERDefendant prays the Court, after notice and hearing or trial, enters judgment in favor of Defendant, awards Defendant the costs of court, attorney's fees, and such other and further relief as Defendant may be entitled to in law or in equity. Respectfully ***** ***** Signature Your name Your phone number(NEW PAGE)CERTIFICATE OF SERVICE (centered)I certify that on (date filed) a true and correct copy of Defendant's Original Answer was served to the opposing party.Your Signature Your name A copy of an answer is sent to the court, and a copy to the attorney of the Plaintiff; both certified letter, return receipt requested.I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 2 years ago.
But I'm not denying it or trying to fight it that's the part I'm having trouble with
Expert:  Ely replied 2 years ago.
It is common to deny. The onus is on the Plaintiff to prove the case by a preponderance of the evidence. So no, one should not get into "trouble" for denial of the claim.Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.