I am writing an Answer for a summons I was served from a credit card company. Only 2 complaints. 1st complaint I agreed that they gave me the credit account. 2nd complaint asking me to agree to the amount of indebtedness ($3,122), I denied based on the fact that I am without sufficient information.
Now, I need to fill out the affirmative defense. I do not know what to put. Please help!
My son has been sick the past 4 years. Doctors couldn't figure out what was wrong with him, so we bounced around from specialist to specialist trying to get answers. Finally last year he was diagnosed with a chronic autoimmune disease. Now that his symptoms are managed our lives and finances have started to get back on track. I have agreed to make payment arrangements to the lawyers handling debt. They said they couldn't stop the law suit. I just cant afford to pay the full amount at once, which is what I'm scared they will make me do. Do I even put this in the defense or does it matter? ThankYou
You don't necessarily need to insert any affirmative defense. You can just deny all allegations in the complaint (which denial, if you're completing a form answer, may already be included). Lastly, as my fellow colleague has suggested you might consider looking into filing bankruptcy.
I moved this to bancruptcy and debt. Hopefully you will get more answers there. I recommend you stop communicating with these folks and talk to an attorney that handles bancruptcy or debt relief. Remember the old saying "anything you say can and will be used against you . . ." We can't tell you what to "answer" in this forum because whoever does that will have to know much more about the situation that what you can (or should) put on this public forum. They will also have questions for you. Find a bancruptcy attorney and start there. Good luck!
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