How do I file an Answer to a creditor lawsuit, when I have no defenses and do not deny the complaint?

Asked about 2 years ago - Concord, CA

I'm being sued for credit card debt, and I have to file an Answer very soon. In all the information I've read, it says to list all your defenses in the Answer form, but what if I don't want to contest the complaint, I just want to go into mediation or a settlement? Do I still have to file an Answer form, and if so, what do I put on it?

Attorney answers (4)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    2

    Lawyers agree

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    Answered . If that's the case, then file a General Denial without affirmative defenses. The plaintiff will still bear the burden of proof that you owe the amount of the debt.

    http://www.avvo.com/legal-guides/ugc/responding...

    After you file the General Denial, you can negotiate a settlement with the plaintiff. You will be in a better negotiation position if you first file the General Denial before discussing settlement.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

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    Lawyers agree

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    Answered . you need to file a general denial, with standard affirmative defenses which will depend on the nature of the case (original v. assigned debt creditor, etc.).

    I handle these cases on a regular basis. When were you served? Who is suing you? How much are you being sued for?

    Kevin Sullivan
    415-441-1052/650-787-6946

  3. James Michael Slominski

    Contributor Level 14

    2

    Lawyers agree

    Answered . While I cannot give you legal advice in this forum, as a general matter you would file a general denial answer. Also, if the debt is old, you should also list a statute of limitations affirmative defense. It might apply.

    THIS RESPONSE IS INTENDED TO CONVEY GENERAL INFORMATION ONLY. IT SHOULD NOT BE RELIED UPON OR TAKEN AS LEGAL... more
  4. John Noah Kitta

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . If you received an unverified Complaint you can file a general denial but with a verified complaint you will have to respond to each paragraph individually . In regard to defenses at issue you should consider i.e. has the statute of limitation ran? Latches, have they waited unusually long period to file the complaint? Unclean hands, Have they not provided you with the merchandise or product they promised in exchange for the money you paid the vompamy?

    This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client... more

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