QUESTION
What type of a written defense would need to be given when a civil summons is served about a credit card debt?
Asked on Aug 10th, 2012 on Bankruptcy - New Jersey
More details to this question:
I just need to know what type of defense to write to give to the court in Kentucky about a credit card debt.
7 ANSWERS
Dennis P. Mikko
The written answer would have to address the allegations in the complaint paragraph by paragraph. If you have any defenses to the debt, they should be included as affirmative defenses.
Answered on Aug 15th, 2012 at 4:43 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You answer the complaint... do you owe the funds or not?
Answered on Aug 15th, 2012 at 4:43 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Answer each allegation made in the complaint honestly and additionally your defenses where appropriate. If you believe you have a defense you are being very foolish in attempting to answer/defend the suit without counsel. If you actually owe the money, the use what you have to pay the debt as opposed to wasting it on an attorney who will advise you to pay the debt.
Answered on Aug 15th, 2012 at 4:43 PM
You must file a written answer within 20 days of being personally served (in a Nevada case) to protect yourself from obtaining a default judgment against you. The Answer can just be a simple general denial, and it is primarily procedural. Thereafter, discovery will commence and that is where more facts will be ascertained.
Answered on Aug 15th, 2012 at 4:43 PM
Real Estate Attorney serving South Jordan, UT
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James T. Dunn P.C.
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File a Motion to Dismiss for lack of jurisdiction. Unless you live, work or own property there, Kentucky has no jurisdiction over you to adjudicate the matter unless your credit agreement calls for it.
Answered on Aug 15th, 2012 at 4:14 PM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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An answer to the complaint that you were served with would need to be filed. If you have a defense or defenses they would be listed in the answer under a paragraph labeled Affirmative Defenses. In order to comply with the Kentucky court rules you would probably need to consult with a Kentucky attorney to advise you about the court procedure that is followed in that state. Remember the old maxim that is often quoted by judges and lawyers "The man who represents himself has a fool for a client". Good luck.
Answered on Aug 10th, 2012 at 1:58 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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In NJ, you plead with specificity as to the debt and why you do not owe the money they are suing for. There are defenses called affirmative defenses but they are state specific.
Answered on Aug 10th, 2012 at 1:28 PM