Question by michelehospicern: How to answer a summons letter for a credit card lawsuit.? I need specific details on how to write an answer to a credit card lawsuit. Any help would be appreciated. Thank you. I'm going to include the validation of debt also. Best answer for How to answer a summons letter for a credit card lawsuit.?:
Answer by Bash Limpbutt's Oozing Cyst©
I would strongly urge you to get an attorney. Every court has their own requirements and a local attorney will know the proforma without messing around with it. If you don't wish to retain an attorney, the Court Clerk's office can assist you with the necessary format. They can't provide any legal advice or tell you what to put in the response. They may also be able to secure a continuation on your court date if needed. In many states, court filings are available on-line and you can pull up copies of what someone else filed in response to a similar suit and use that for formatting instructions and possibly even content. Some jurisdictions are very picky about format (page size, fonts, spacing, headings, etc.) while others will accept legibly hand written responses. VOD is something that you should have in hand right now. You don't request it as your response to a summons or subpoena. If you have requested VOD and the creditor has not responded, that's what you'd raise in your defense in your response. If the statute of limitations on collection of the debt has expired (but be sure that you're using the right SOL!) then your response would state that you intend to raise a positive defense of expiration of the SOL, citing the relevant law or laws and the dates involved. Basically your response has to challenge the validity of the debt, the amount owed, or the expiration of any SOL. Your response outlines your position. Do NOT include any "proof" of your claims though. You present any evidence of your claims when you have your day in court.
Describes the steps in responding to a complaint filed against you.
http://leafgardenpress.com/ Filing a Pro Se Answer to a Lawsuit
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No one is ever 100 percent prepared for the unexpected. There is absolutely no shame in admitting when you need a little help. When you or your loved one has been incapacitated by an accident, the expenses can quickly add up. Even if you have taken the necessary and prudent steps towards selecting an attorney and filing a lawsuit, mounting financial issues can bring your careful plans crumbling down.
A lawsuit loan can assist plaintiffs with medical and general living expenses, so that they can focus on the real work and planning of achieving a fair settlement. While researching lawsuit loans, or pre- settlement loans, some common misconceptions do arise. Since success is often about asking the right questions, here are a few that plaintiffs should consider and discuss with their family and loan provider:
When is the right time to consider a lawsuit loan?
If you are considering a lawsuit loan, you have more than likely exhausted all your available funds.
A lawsuit loan is basically a cash advance on your settlement based on the value of your case. A percentage of the overall settlement can be dispensed to the plaintiff by their loan provider in order to pay pressing bills, medical expenses, and prevent evictions or foreclosure. Pre-settlement loans are most beneficial when they are used towards your most pressing needs.How is a lawsuit loan different than a paycheck loan?
The confusion between these two occurs in instances of misinformation or misunderstanding. A paycheck loan or a payday loan is a short-term solution that comes with high interest rates and a prerequisite of employment.
A lawsuit loan company realizes the situation that their client, the plaintiff, is in where they are faced with a potentially long-term legal negotiation and the possibility that an injury or death has resulted in a less than steady paycheck. Because of this, pre-settlement loans are not time sensitive and do not require credit approval or employment history checks upon application.The loan company has made a careful investment in the success of the plaintiff's case, and their loan is a means to see the plaintiff through to a fair settlement.
Plaintiffs should continue to ask questions of their loan provider and work with their attorney to find the best option available. It is with careful consideration that a plaintiff can make the decision to apply for a lawsuit loan and begin to piece back together their financial plan.
More When a Lawsuit Loan is the Answer Topics
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