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I received Civil Citation today. Unsure what action to take...
Anonymous2 views2 answers
Today, I received a civil citation that I think is low-life bottom-feeder creditors doing what they can to prey upon victims. I don't have the money to pay an attorney, but I also don't have the $1600 plus interest and attorney fees they are asking for. I'd like to represent myself if possible. What I think has happened was in college, I was the victim of the campus credit card scams, easy spending money, later caught up to. Honestly, I have no idea who the original creditor was because I have never been contacted about the debt prior to being served at my work this afternoon. I'm guessing the debt was later sold to what I'm assuming is Portfolio Recovery Associates (Plaintiff). Their Attorney, "Anh H Regent" in Houston also appears to buy "junk loans" as well. I need to know what to do!
A lawsuit is not the place to "tell your story." While a court might be sympathetic to your problems, the court doesn't have the authority to cut you a deal based on your circumstances. They have to follow the law.
In most areas of the country, you need to respond to a complaint in writing by filing a document called an “answer.” The Court may use official forms, and if they do, you can often download this form off the court website. If they don’t use official forms, you will want find an example of an “answer” and follow it as closely as you can.
In an answer, you respond to each claim made against you, sentence by sentence or paragraph by paragraph with one of four phrases - “Admit” (it’s 100% true), “Deny” (it’s 100% false), “Admit in part and Deny in part” (some of it is true, some is false), and “Deny for lack of Information (You don’t know whether it is true or not).
Unless you dispute some part of the lawsuit, even by saying you don't know, you have not effectively challenged the lawsuit & the court will rule against you.
Of course, you must sign the answer & in most places, a notary will need to certify that you were the person that signed the answer and that you signed the answer under penalty of perjury.
Then file the Answer with the Court & wait for a Court date to be scheduled.
Hope this info helps & good luck!
Jared Loyal HaddockChapter 7 Bankruptcy AttorneyLivonia, MI ·
I understand your concern and your frustration. Start by taking some time (undisturbed) and really read the entire complaint, paragraph by paragraph. This may help you clarify what the claim is regarding, how, and with whom the original debt was incurred. Then, write down on a separate sheet of paper your response to each paragraph, focusing simply on whether you know for a fact that what it says is true or false. If you have no basis of knowing whether the statement is true or false, then note that, as well. This will not be a final and legal answer to the complaint in itself, but it may help you to identify whether you have any basis upon which to contest it in the first place.
Now, I know this may not be what you want to hear, but take all of this paperwork to a qualified attorney in your jurisdiction - preferably one that offers free consultations regarding such matters. I don't simply say this because I am an attorney, I say this because your creditor has attorneys protecting their interests - and so should you. Asking an attorney how to protect your legal rights without an attorney is somewhat like asking a dentist how to perform a root canal successfully without a dentist. Can it be done? Maybe, (I'm no dentist), but imagining the results makes me queasy!
