Legal Question in Credit and Debt Law in Indiana

Need Help With Terms

Greetings. I was recently a victim of an internet scam. My bank is now suing me for the money. I recieved a notice informing me of this and stating that I have to write a response within 20 days. I don't understand the last paragraph which reads:

''If you have a claim for relief against the plaintiff arising from the same transaction or occurrence, you must assert it in your written answer.''

I spoke with a lawyer about this prior to the notice and was told to not file for bankrupcy as if they wish to dispute it, the longer I wait the better. Is this saying that if I intend to file that I have to do so and submit it with my response? Please help, I have no options open to me.

K-


Asked on 9/25/04, 8:28 pm

1 Answer from Attorneys
John Cook Dunn & Cook

Re: Need Help With Terms

The language that you are questioning merely indicates that in answering a complaint you also have to raise certain counter claims that you have agaisnt the bank. For instance, say the bank owes you money on an unrelated transaction. You would then have to note this counterclaim in your answer to the bank's compalint or possibly lose this claim. On a practical matter, most courts would allow a defendant to amend his answer to include an overlooked counterclaim if he did not wait to long to do so. You really need to see an attorney to determine how you should answer the bank's complaint. Failure to do so within the 20 days or shortly thereafter could cause the court to enter a default judgment against you.

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Answered on 9/27/04, 4:41 pm


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