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    Sunsetgal24's Avatar
    Sunsetgal24 Posts: 2, Reputation: 1
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    #1

    Aug 21, 2011, 12:18 PM
    Benefits of filing a denial of debt letter?
    I am being sued by a credit card copany. I have 20 days to respond.

    Why should I file a denial of debt letter? How do I benefit? It is my debt and I can't pay at this time.I don't understand why I would file a denial of debt letter if this is my debt?
    What does this do for me other than delay the lawsuit? Will this prevent a judgement against me?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Aug 21, 2011, 02:25 PM
    You do not deny the debt. What you do is file an Intent to Defend letter stating that you need verification that the debt is yours and that the plaintiff has the right to collect it.

    The reason you do this is that oft times the attempt to collect is by a junk debt dealer. They buy debt for pennies on the dollar and then try to collect. Often they do not have sufficient documentation to prove the debt. So they cannot win a judgment if you go to court.

    If you do not attempt to defend the suit, then they will get a default judgment. That judgment may then be used to garnish your wages, attach assets or other legal methods to collect the debt. At least, attempting to defend gives you a chance, not defending (and not being able to pay is not a defense) will just result in a default.
    Sunsetgal24's Avatar
    Sunsetgal24 Posts: 2, Reputation: 1
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    #3

    Sep 5, 2011, 07:11 PM
    Thank you ScottGem. Your information is helpful. Is there a form letter and/or is there proper verbage that you know of to use in filing this Intent to Defend letter? Do you have a link as to where I might find additional help in writing if not?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Sep 6, 2011, 03:47 AM
    There is a sticky note here that has lots of info
    https://www.askmehelpdesk.com/bankru...aus-51714.html

    A lot depends on the court you are being sued in. Small
    Claims courts are generally less formal. Basically, you want to say that you intend to defend against this suit because you are not sure the debt is valid.
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