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I am wondering what I am supposed to do, we were served

Customer Question
I am wondering what...

I am wondering what I am supposed to do, we were served papers for a small claim from a credit card company and we have to file an Appearance and Answer online

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Iowa

Lawyer's Assistant: What steps have you taken so far?

I have been online and signed in and I am on the appearance and answer page but it wants me to upload a document and I don't know what this is supposed to be.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I know we owe this, but wondering if there is someway to just take care of this and make payments, I guess we are just scared as to what might happen.

Submitted: 1 month ago.Category: Legal
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Answered in 5 minutes by:
7/9/2018
Lawyer: Law Educator, Esq., Attorney replied 1 month ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,894
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You can file your answer and appearance generally denying the claims of the creditor. In court, they will have to prove that this debt is your debt, you signed the contract/debt, the amount of the debt needs to be proven as well. If they cannot prove either or both of those things, then you could win your case. You are entitled to force them to present their proof of the debt.

Once you answer, the document you are uploading is the appearance/answer forms, so once you do that, then you can appear in court and you can fight the debt OR you can then try to negotiate a payment plan. But you need to answer the suit first before you can negotiate payments to try to get them to dismiss the suit.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 1 month ago
Does it make a difference that the card was issued incorrectly even though we did use it. The court paper is also served on Doug O. Salisbury and the correct name is*****?
Lawyer: Law Educator, Esq., Attorney replied 1 month ago

Thank you for your reply.

Unfortunately, if they can prove it is one in the same person and you used the card, that would not make a difference.

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