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What does "filing an answer" even mean??

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    What does "filing an answer" even mean??

    So as I investigate options about my Discover suit, one of them of course is to "file an answer" to the suit. What does that mean? What would I say? I get the feeling it's a lot more than just paying the fee so a piece of paper goes to their attorney.

    I owe the money. I have no "answer". "Sorry, I couldn't make the payments any more because our income dropped" isn't an answer, is it?

    I guess I don't see the point. *shrug* Can someone tell me what I'm missing?
    Filed 5/31/11 341 & Report of No Distribution 7/28/11 Discharged & Closed!! 9/29/11
    "What I won't accept or buy any longer is that my credit score defines who I am. Screw that."

    #2
    The short answer then is....without an Answer, you will lose faster.

    With an Answer and Appearance filed, you will be able to list affirmative defenses. Those could be items like, questioning the amounts due and how they were arrived at, request an extension of time, etc. These kind of defenses likely won't be sufficient to win a case like this from an OC, but it will probably buy you some time. Time you could use to plan a BK, or other strategy. But, in the cold hard light of day, there is only limited value in filing an Answer to a OC lawsuit.

    ....on the other hand, why make it easy for them?

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      #3
      Originally posted by ryan View Post
      ....on the other hand, why make it easy for them?
      Filed 5/31/11 341 & Report of No Distribution 7/28/11 Discharged & Closed!! 9/29/11
      "What I won't accept or buy any longer is that my credit score defines who I am. Screw that."

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        #4
        Many of the cc companies and ca's are using the spray and pray method of filing suit. If you don't show up, they will get a default judgment against you, which is what they are hoping for.

        If you show up, you may find that they don't even have the paperwork to support their claim. They are counting on you not to show. You won't know unless you go.

        Then again, they might have it..........
        All information contained in this post is for informational and amusement purposes only.
        Bankruptcy is a process, not an event.......

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          #5
          An answer must be responsive to the complaint that was filed to start the lawsuit.
          So you need to address, point by point, each paragraph of the complaint.
          You must admit, deny, or state that you lack any knowledge to draw a conclusion as to the veracity of the item.
          Then you list your affirmative defenses. First, second, third.
          Fairly common is "plantiff failed to state a claim upon which relief may be granted"
          filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

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