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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
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Experience:  B.A.; M.B.A.; J.D.
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I just received a civil citation letter from District Court

Resolved Question:

I just received a civil citation letter from District Court of Collin County in Texas and I do not know what to do. The plaintiff is Citibank. I am going through hardship because I do not have money to pay my debt. The citation letter says that I am commanded to appear by filing a written answer to plaintiff's Original Petition. The total amount is $ 3400.00. I need your help.
Submitted: 7 years ago.
Category: Legal
Expert:  Phillips Esq. replied 7 years ago.

 

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

I just received a civil citation letter from District Court of Collin County in Texas and I do not know what to do. The plaintiff is Citibank. I am going through hardship because I do not have money to pay my debt. The citation letter says that I am commanded to appear by filing a written answer to plaintiff's Original Petition. The total amount is $ 3400.00. I need your help.

 

 

Response: You need to file a response to the lawsuit. Since this is a contract action, the Plaintiff must include a copy of the credit card agreement you signed with the Complaint. If a copy of the contract is not included, you should state so in your answer. File an answer even if you do not dispute the debt because if you do not file an answer, the Plaintiff would get a default judgment against you and then try to satisfy the judgment by attaching any assets that you have EXCEPT your wages. Your wages are 100%exempt from execution in Texas. See Texas Property Code Sections 42.001 to 42.004.

 

Here is a SAMPLE Answer. Modify as appropriate:

Here is how you answer the complaint:

 

(A) You use the same caption as the Attorney/creditor. For example:

 

Trial Court of So and So

 

XXX v. XYZ


(B)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/debt buyer.

(C) 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...

 

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

 

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

 

(F) You would submit the original of your answer to the Court and serve a copy to the creditor's attorney.

 

(G) Date on the left

 

(H) Signature, name, address, phone number on the right



_______________
May 22, 2010

Name and Address
Phone Number


Sample Certificate of Service:

CERTIFICATE OF SERVICE

I, XYZ, certify that I have this 22nd day of May, 2010 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: May 22, 2010,

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

 

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