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How can I file an Answer to Complaint without any affirmative defenses?

Laguna Niguel, CA |

Was served with a S&C Limited Civil for credit card balance for $14,000.00. Can I file the form Answer-Contract from the court website with no defenses. The only reason for not paying is I can't afford it and am having some financial difficulties even moving out of Southern California to get another job.

Attorney Answers 4

Posted

While you could file an answer / general denial without asserting any affirmative defenses, I would never advise it. An hour of an attorney's time to review the complaint and relevant documents and facts could reveal defenses to some or all of the claims, and you should assert them.

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Asker

Posted

Could this be done on a "consultatiion" basis? Obviously the filing fee is devasting enough let alone the attorney fees. Could you review it on a limited scope representation basis? Just figured out that the venue is wrong so a Motion for Dismissal is also needed!

Christian Frederick Paul

Christian Frederick Paul

Posted

Why don't you give me a call on Monday morning, (949) 455-0600. My office is in Mission Viejo (I don't know why my tag line says SJC).

Posted

You should consult with a bankruptcy lawyer as soon as possible. Legal Aid might be able to help you. Please consult with competent counsel in your area for a more specific answer.

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Posted

If the complaint was not "verified" you can just file a general denial. It is not required to file affirmative defenses.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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Posted

Respectfully, you have a ton of money at risk here. The small cost of at least consulting with a lawyer, if not retaining one, far outweighs the amount you stand to lose if you make a mistake in representing yourself.

This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.

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