Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

I am being sued by discover card. How do I answer the summons

Customer Question
? I live in WI....
I am being sued by discover card. How do I answer the summons ? I live in WI.
Submitted: 7 years ago.Category: Family Law
Ask Your Own Family Law Question
Answered in 7 minutes by:
6/1/2010
Family Lawyer: Dave Kennett, Lawyer replied 7 years ago
Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27,690
Experience: 25 years experience as practicing attorney
Verified

Dear JACUSTOMER - You can prepare the answer using the same heading as the heading on the complaint that was filed and should be included with the summons. It will have the court name at the top and the parties and the case number XXXXX Where is says "Complaint" you would put "Answer". Then below that you can simply say "Defendant denies for want of knowledge the allegations contained in Plaintiff's Complaint".

 

That says that you do not have enough information to admit or deny what they are claiming and forces them to prove the amount and that there was an account. If you have any other defenses, such as if they sued the wrong person etc. then you should claim any of those defenses. You will then include your address and phone number below and sign the Answer, just like the attorney for the plaintiff did on the complaint.

 

Make several copies and file them with the clerk of courts where the suit was filed. Then send a copy to the attorney for the plaintiff. This will keep the plaintiff from being able to get a default judgment and will get the case into the court system. You will then have to wait to see what may be filed next, either from the court or from the plaintiff.

 

Dave Kennett

Ask Your Own Family Law Question
Customer reply replied 7 years ago
Do I want to give any reason for the situation?
Family Lawyer: Dave Kennett, Lawyer replied 7 years ago

The reason has nothing to do with the fact that the debt is owed and if you start explaining you will essentially be admitting that you owe the debt meaning the creditor will not have to prove that fact. I see no reason to explain since the credit card company could care less why the debt was not paid, only that it is owed.

 

 

Dave

Ask Your Own Family Law Question
Customer reply replied 7 years ago

They did attach credit card statements to the complaint. If I go to court will I have to pay the full amount or can it be settled down?

 

Family Lawyer: Dave Kennett, Lawyer replied 7 years ago

Going to court or not going to court is not going to affect how much you will end up paying. The court is probably going to issue a judgment at some point so filing an answer is simply a way to delay the process and give you some time to negotiate. When and if a judgment is granted by the court it will be for the full amount and any settlement agreement will have to be between you and the lawyer for the credit card company.

 

Dave

Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27,690
Experience: 25 years experience as practicing attorney
Verified
Dave Kennett and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27,690
27,690 Satisfied Customers
Experience: 25 years experience as practicing attorney

Dave Kennett is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My ex wife just passed away im the only ex husband alive am
my ex wife just passed away im the only ex husband alive am i able to get her social security our marriage lasted about a couple of years only but as i stated im the only husband still alive' … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Our 20 year old daughter has a special bed we bought for
Our 20 year old daughter has a special bed we bought for her, part of it when she was 9 and part of it when she was 11. It has been furniture in our house since then. She sleeps in in when home from c… read more
Sue
Sue
Juris Doctorate
240 satisfied customers
UP MY DIVORCE APPLICATION ONLINE CAN YOU PLEASE TELL ME HOW
IM FINISHING UP MY DIVORCE APPLICATION ONLINE CAN YOU PLEASE TELL ME HOW THIS WORKS? DO WE PHYSICALLY HAVE TO TAKE THE PAPERS TO THE COURT TO OFFICIALLY GET A DIVORCE? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
My nephew is 17 and was caught stealing 2 lighters at
My nephew is 17 and was caught stealing 2 lighters at Walmart in Georgia. He just turned 17 and has never been in any trouble. He is an honor roll student and has always done well at school and an arh… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
What happens to a marriage certificate if that couple gets
What happens to a marriage certificate if that couple gets divorced? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
I know this would be case of civil litigation, if I even
I know this would be case of civil litigation, if I even have a case. Lived together with boyfriend for 5.5 years. We verbally agreed he would make money and I take care of house, dogs and my daughter… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
Would a judge likely find abandonment in my termination of
second opinion] Would a judge likely find abandonment in my termination of parental rights case in Florida:Case is ongoing. I let my parents watch my son for 18 months. I was sending $900 a month and … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
My partner put a temporary restraining order on my soon to
My partner put a temporary restraining order on my soon to be ex husband , I got subpeona to appear at their hearing, I don't have a lawyer I had an adulterous affair. What is my rights? Can I plead t… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,755 satisfied customers
If I have joint custody of my son in Oklahoma do I need the
If I have joint custody of my son in Oklahoma do I need the other parent's permission to take my son on a cruise? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,755 satisfied customers
My husband and I disagree more often than not. The real
Hi my husband and I disagree more often than not. The real issue comes when it involves business decisions. We own rental properties and he does whatever he wants our latest blow our is about one of t… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
If I contact someone who is not listed on a PPO and not
If I contact someone who is not listed on a PPO and Ian not related or lives with the person who filed it is that a violation?… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,327 satisfied customers
I'm scheduled to go to Court at the end of this month in
I'm scheduled to go to Court at the end of this month in Texas to get my child support modified … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,755 satisfied customers
Can you recommend family law attorney in Ruidoso, NM? Thanks
Can you recommend family law attorney in Ruidoso, NM? Thanks Charles Preston … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,261 satisfied customers
My husband is selling all of our property including land and
My husband is selling all of our property including land and homes . He was contemplating divorce but now he says he doesn't want to. If he seeks the property and than files divorce what can I do?… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,089 satisfied customers
Does your firm write letters? so what im looking todo is
Does your firm write letters? so what im looking todo is have a official letter written up , stating the order to retrieve my Personal item from a ex. It is a brand new iPhone*8 phone i am the owner s… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
Would a judge likely find abandonment in my termination of
Would a judge likely find abandonment in my termination of parental rights case in Florida:Case is ongoing. I let my parents watch my son for 18 months. I was sending $900 a month and visited 3 times … read more
Sue
Sue
Juris Doctorate
240 satisfied customers
We have filed a domestic violent case against my friend's
We have filed a domestic violent case against my friend's husband. The court date is coming up this Wednesday. From one day to another our attorney changed her stand and now she is pushing us to take … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,946 satisfied customers
DO I HAVE A CASE AGAINST CHILD PROTECTIVE SERVICES? I LOST
DO I HAVE A CASE AGAINST CHILD PROTECTIVE SERVICES? I LOST MY KIDS FATHER SIX YEARS AGO AND AM ON DISABILITY MENTAL N PHYSICAL, AFTER HARASSING PHONE CALLS BY MY NEIGHBOR PROB 12 TH TIME AT MY DOOR IN… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x