Legal Question in Credit and Debt Law in Florida
I have been served with a suit from a credit card company, with 20 days to respond. Is it sufficient to respond within the 20 days with a simple denial of all allegations in the complaint, and a demand for strict and authenticated proof? I know this will only delay the proceedings, but I am looking to extend the time before judgement.
4 Answers from Attorneys
That is a sufficient response.
You have to go line-by-line in your Answer, and you say "admit", "deny", or "without knowledge sufficient to admit or deny" each number. For example, you admit your address; you can deny the amount owed or say "without knowledge." As a non-lawyer you may be able to get away with just denying the entire complaint, but to do it right, you have to do as I stated above. You need to prepare to do discovery with the plaintiff and go to trial. Not much time there if the plaintiff is really pressing you. Perhaps you should look at bankruptcy.
If a collection company is suing you versus the original creditor, you increase your chances to win the case or negotiate a good settlement substantially. I suggest you see a consumer lawyer in your area. Most will at least review matter at no charge and if you have a good defense, such as the bills being older than four years, many will take the case at a very low fee and collect the rest against the collection company.
A general denial is OK, but not the best way.
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The procedure you want to follow, called a "general denial," is perfectly legal and allowed under Florida law, and it is often used to delay a case. Ms. Grosse's suggestion of going line by line is the more common procedure, but it isn't required. Mr. Marino's suggestion, seeking a consumer lawyer, is probably the best idea, though a bankruptcy lawyer may be able to help you as well.
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Do i have to pay a credit debt thats over 10 years old? Asked 12/08/09, 4:54 pm in United States Florida Credit, Debt and Collections Law