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Should i turn an answer into the court for my credit card dept im being sued for?
Anonymous2 views3 answers
I have until 2morrow 2 turn my answer into the court about my credit card dept im being sued for. Im disabled and have no means 2 pay. Would it b better if i just file bankrupt? I dont have the money really 2 do that but how do i defend myself against this lawsuit? and how should i answer this paper im suppose 2 turn in? Beings they cant garnish my check what would the purpose of filing bankrupt or even turning this paper in?
The purpose of filing an answer would be to prevent a default judgment to be made against you. default judgment being that the court takes everything that the plaintiff is saying as true and granting him his relief.
Whether or not you should file an answer depends on your circumstances and what you want to do. First, you can challenge the lawsuit by asking for the original note, verfication of the note, etc. or depending on how old and how long ago you used the credit card you can raise the affirmative defense. Generally, filing a general denial will just prolong the case. During that time it gives you the time to negotiate the debt and settle out. However, if no defense exists, than either negotiate or it could just prolong it and maybe they won't do anything to the point that the lawsuit gets dismissed (does occasionally happen). This doesn't mean that they can't refile the suit, unless it was dismissed with prejudice.
Alternatively, you could file for bankruptcy. generally, if your only debt is that one credit card debt or your overall debt is small and manageble, than filing bankruptcy would be more harmful than helpful. However, if your debt is substantial or there are alot of these small credit card lawsuit, than filing bankruptcy would help.
Now, should you file an answer. It just depends on what your eventual goal is. If it is a bankruptcy, than consult a bankruptcy lawyer to assist you based on your fact patterns. If it is to defend the lawsuit in state court, either seek a debt collection attorney to assist you or file an answer yourself and seek to settle or defend it pro se.
Georgia does have legal clinics and legal bar association that provide legal aid and assistance to the community. great attorneys volunteer their time and efforts to provide free or reduced legal advice and/or representation.
Sorry I couldn't be more of a help. Good luck on your decision.
You must answer the lawsuit or you lose the lawsuit. It is that simple. You should answer with a general denial to their allegations that you are indebted to them in any amount until you can get documentation from them that would prove the existence of the debt and the amount. If they get a judgment, they can then attempt to try to garnish or collect the judgment. Answering should slow the process down and give you an opportunity to defend yourself. Do not just take the debt collector's word for it that you owe any money. Bankruptcy may be an option, but it would take a lot more information to make that determination.