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brendastarr63 · Sep 5, 2007, 07:59 AM

I was wondering how I answer a complaint served to me by a law office for an old credit card debt. I know I have 30 days to answer, I believe I have to answer my complaint to the clerk and the law office who had the complaint served. I am in a town just outside Atlanta GA. What exactly do I put in an answer to the complaint? Is there any form I can use for guidelines? Another thing, I had no idea this office had this old debt, they NEVER contacted me or sent any letter which in the complaint they said they did giving me 30 days to comply. Can I put in the answer that they NEVER contacted me but just had papers served?I have 1 week left to answer so please help asap if you can. I do plan on sending this Friday overnight, or no later than Monday. I am jusy confused and don't want to say the wrong thing in my answer. Thanks for your time.

ScottGem · Sep 5, 2007, 08:01 AM

You respond to the court that issued the complaint with a copy to the creditor. You simply state that you intend to defend against this suit and request that the creditor provide you with verification of the debt and their right to collect it.

bushg · Sep 5, 2007, 08:06 AM

In my case I had 30 working days to respond not 30 calendar days, Mine had to be filed in person and stamped by the court of clerks, with the letter that I sent to the creditor's lawyer. The letter that I mailed them I took to the post office and paid for a return receipt and took this to the clerk of courts as well. Btw the Attonery General's office of Ohio told me what to say in my letter.

brendastarr63 · Sep 5, 2007, 08:15 AM

OK, what exactly would you put in the letter? Do I just say that I intend to defend this suit and I request the creditor provide the verification of the debt and their right to collect. Do I put in the answer that there was no prior communication until papers were served? Do you also suggest that I try and contact the law office to see if they might offer a payment plan to pay it? I also believe this acct is 5-7 yrs old. It was a discover card but the complaint letter said the collector is Credigy Recievables?

ScottGem · Sep 5, 2007, 08:17 AM

Exactly, keep it simple. Call the clerk of the court and ask if there is any special form or wording you need to submit.

No, do not contact the law office until you have gotten verification. You also need to check your local statute of Limitations laws to ensure that the SOL hasn't expired. By offering a payment plan, you might start the SOL again.

brendastarr63 · Sep 5, 2007, 08:19 AM

Also does 30 working days mean business days or is it 30 days from when it was placed in my hands? How do I find out when the 30 days are up. I got it Aug 14.

brendastarr63 · Sep 5, 2007, 08:19 AM

What do you mean by sol?

brendastarr63 · Sep 5, 2007, 08:21 AM

How do I contact my local sol to find out if this too old of an acct for them to collect?

brendastarr63 · Sep 5, 2007, 08:22 AM

Sorry for all the questions... but the letter I send the clerk is the same one I forward to the law office?

bushg · Sep 5, 2007, 09:22 AM

Brendaastarr , I told you wrong I had 30 calendar days not 3o working days. Because of my presuming I thought I had 30 working days. It stated that at the bottom of my page letter that was sent by the clerk of courts. I almost missed my filing date because I misread it.

ScottGem · Sep 5, 2007, 09:38 AM

Generally it means calendar days. SOL is Statute of Limitations. You need to check your local laws for what it is. Google SOL credit cards. Yes, whatever you send to the court you copy the creditor.

P.S. you can go back and edit your posts if you remember another question rather than adding a new post.

brendastarr63 · Sep 5, 2007, 09:54 AM

One more question... I can not find this acct on my credit report? Should I include this in with my answer of the complaint that I send to the clerk and the law office? Thanks

ScottGem · Sep 5, 2007, 11:12 AM

No, whether its on your credit report is immaterial.

brendastarr63 · Sep 5, 2007, 12:25 PM

Ok thanks... so I just say on the letter that I intend to defend this acct. I also need to know verification of the acct and name of the original creditor. Does this sound correct? Like I said I have never had to answer a complaint. Thanks and have a great day. :)

ScottGem · Sep 5, 2007, 12:37 PM

You need verification of the acct and of their ownership of the debt.

brendastarr63 · Sep 6, 2007, 07:15 AM

Thanks for all your help, one more question, do you think I should contact the lawyers office first and see if they want to settle this ? I don't have time for court being a stay home mom. What is your opinion? Could I just ask them for verification and maybe they will drop the whole court thing? Will they bother to take this to court or just seek judgement for this amount?

excon · Sep 6, 2007, 07:38 AM

Hello brenda:

Pardon me for jumping in here. ScottGem is telling you right.

Yes, they'll discuss a settlement, but you're going to have to offer some cash. IF you're going to make an offer, then you acknowledge the debt is yours. Nobody is going to make an offer on a debt they don't owe. So, verification isn't even an issue at that point, and I wouldn't bring it up at all.

No, they're not going to drop it because you're a sympathetic person. Yes, they WILL bother to sue you, because they'll add ALL their legal fees on top of what you owe. They're going to get theirs.

excon

brendastarr63 · Sep 6, 2007, 10:21 AM

So you are saying that if I called the law office I shouldn't ask for verification and ask who owns the acct before I even offer a payment? I am confused... Do I handle it through the law office or answer the complaint and see what happens? I just don't want this to go to court!! Does the clerk ever side with the person being sued? Do they really read the answer you send to them? Thanks everyone for all your help.

excon · Sep 6, 2007, 10:29 AM

Hello again, brenda:

DO you owe the debt?? If you do, the verification is just a technicality that will only delay the inevitable. Yes, it's possible that these fly by night collection agent scumbags DON'T have the documentation they need, but I highly doubt it. So, if you owe the debt, they HAVE verification.

Therefore, if you call to negotiate a settlement, then do that. If you call to get verification, do that. They'll mail it to you or they won't. When you get to court, tell the judge. He'll either listen to you and dismiss the case, or he won't and you'll lose. IF you get to court, my bet would be on the party with a lawyer.

If you don't owe the debt, then don't offer 'em a nickel. If YOU don't owe it, they can't prove you do. It's as simple as that.

excon

brendastarr63 · Sep 6, 2007, 12:01 PM

Thanks... I don't know if rhe debt is valid, its not on my credit report... and I have never heard of credigy recievables. Anyway I thought of calling the law office and seeing if they can prove it is my debt and take it from there. Sorry about all these notes, I am just fed up with this whole thing. Thanks again for your opinion.