The CA has served me with court papers and I have 20 days to answer?

Question

Hi Working Mom, thanks for your answer. what is the best option in handling this situation so the debt does not become activated again.

Answer 1

You need to answer the summons in the time allowed. If you fail to answer, they will get an automatic default judgment against you.

Be sure to file counter claims, if you have any. If they have violated your rights on your credit reports, on any correspondence etc.

When you answer the summons, you really need to use your states rules of civil procedure (RCP) as a guide.

If you are out of the statute of limitations (SOL) or close to it, claim affirmative defense of SOL as one of your defenses. Make "them" prove that you aren't out of SOL. If you are out of SOL, be sure to add the violation of them filing on a time barred debt to your counterclaims.

If you are unsure of how to answer, you might check the links I've provided and do some reading

The first link, you will be able to find the SOL for your state and links to your states RCP.

The second link is to a forum where you can do some reading on filing answers etc.

You can find links to the FCRA and FDCPA in both sites.

If you would rather have an atty handle it but you think you cannot afford one, you can try Legal Aid or look for a lawyer on the NACA site.

Legal Aid will probably only help you with the paperwork but will not be in the court room with you.

A NACA lawyer may give you a free first consult (be sure to ask when you make an appt) If you have good counterclaims, the NACA lawyer may take the case on a contingency basis. If you win the case, the Plaintiff will pay your lawyers fees.

Even if you plan on using a lawyer, you would benefit by reading the FCRA and the FDCPA yourself. Not every lawyer or judge is up on 'all' of the info. Reading it yourself, you can spot what violations the collection agency has done.