What should I include in my response to a credit card debt lawsuit?

Full question:

I have been sued over a credit card debt, which is past the statute of limitations. I have 20 days to respond to the court, and to the plaintiffs attorney. What form do I use?

  • Category: Civil Actions
  • Subcategory: Summons
  • Date:
  • State: Oklahoma

Answer:

If you do not respond to the lawsuit, the plaintiff may obtain a default judgment against you. It is crucial to file a proper response or motion within the time allowed to avoid this situation. A default judgment occurs when a party fails to take necessary steps in the legal action, such as failing to plead or defend against the claims made in the complaint.

An answer is your formal response to the allegations in the complaint. In your answer, you should either admit or deny each claim made, or state that you cannot admit or deny due to lack of knowledge. You can also raise defenses in your answer. An affirmative defense introduces new facts that counter the claims in the complaint. Common affirmative defenses include improper party, lack of personal jurisdiction, improper service, and statute of limitations.

Make sure to file your answer within the 20-day period to protect your rights.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In most cases, debts are subject to a statute of limitations, which varies by state. After this period, creditors typically cannot sue you to collect the debt. However, they may still attempt to contact you for payment. It's important to know your state's laws regarding the statute of limitations on debt collection, as they can differ significantly. If you are unsure, consider consulting with a legal professional for guidance specific to your situation. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*