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How do I respond to a debt lawsuit if the debt in question…

Customer Question
How do I respond...

How do I respond to a debt lawsuit if the debt in question is fraudulent?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Has anything been filed or reported?

I filed an identity theft claim years ago with the Houston Police Department. Over time, I have had random identity theft occur with my bank account, credit cards, etc. This creditor is alleging that I credited a $5,000 furniture debt. I was unaware of this until I received the summons.

Submitted: 4 months ago.Category: Legal
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Answered in 4 minutes by:
3/14/2018
Lawyer: Andrew, Lawyer replied 4 months ago
Andrew
Andrew, Lawyer
Category: Legal
Satisfied Customers: 377
Experience: Attorney
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Hello I am a licensed practicing attorney with 20 years’ experience hopefully I can help with your problem. Please give me a moment to review and respond to your question.

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Lawyer: Andrew, Lawyer replied 4 months ago

So sorry to hear about your situation unfortunately these kind of things happen a lot. In Texas you have 20 days to file an answer after you have been served. You can hire an attorney to represent you or you can choose to represent yourself. In your Answer to the complaint you address each allegation line by line by either Admitting it, Denying it or Admitting it in part and Denying the Rest. For example I might admit that I am a resident of Dallas County Texas but would certainly deny that I owe $5000 and deny that I purchased the furniture.

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Lawyer: Andrew, Lawyer replied 4 months ago

The first thing I would do is contact the attorney for the Plaintiff and let them know that this is a fraudulent debt and that you never purchase these items. I would let them know that you plan to defend this case vigorously and that if they force you to hire an attorney that you will ask for your attorney fees. Hopefully you have some evidence that in someway that you did not make the purchase for example the furniture was delivered in Houston but you have lived in Dallas for the last 20 years. However even if they say they will dismiss it do not let the 20 days go by without filing an answer.

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Lawyer: Andrew, Lawyer replied 4 months ago

Did you have any other questions? If not please don't forget to rate me. 5 stars is appreciated. Thanks!

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