Legal Question in Credit and Debt Law in Nevada
I recieved a Nevada civil summons today that requires my reply and a fee of 33 dollars be given within 20 days. I don't believe that this is my debt and if it is it is well over six years old. how do I reply and what should I say. Thanks
2 Answers from Attorneys
I have posted several times in this forum that credit card lawsuits are, in many cases, completely defensible under Nevada law, if a timely response is filed and properly served.
Filing means complying with the court rules governing the size and type of paper the response is made on, the line spacing of the text, the proper captioning of the Court involved and the names of the parties, etc. You may make dangerous admissions in a response as a pro per litigant. In your example, if you only set forth the affirmative defense of limitations, you may be admitting the debt. This is very dangerous, since a limitations defense is subject to many exceptions. Indeed, some written credit card agreements require the cardholder to waive (give up) a limitations defense in advance.
Service means delivering a copy of a properly filed response to the attorney for the plaintiff in compliance with the court rules.
Your attorney can explain further.
Attorney Malikowski's answer is right on. You MUST NOT ignore this Complaint, or you will lose by default. The result is no different than if you fought it out and the creditor still prevailed. In either case, they end up with a judgment they can execute against you, and may well follow you around for the rest of your life.
Because of the extent of details that can trip you up if you choose to represent and defend yourself in this matter, you need an attorney to help you through it. If you win, the other side MAY end up being ordered by the Judge to pay your fees and costs.