DO I HAVE A DEFENSE TO THE LAWSUIT?

An Answer to a Complaint (Warrant in Debt, Petition, Notice of Intention to Defend or Writ of Debt) will be filed by the Amerilit attorney in your state.[i]

Filing an Answer prevents the Plaintiff from being granted a default judgment. In an Answer, the Defendant can assert legal defenses if any. Typically, the Amerilit attorney in your state will file an Answer that is a general denial of the allegations in the Complaint or an Answer that the Defendant does not have sufficient information to admit or deny the allegation alleged in the Complaint. The Defendant’s Answer may be amended if needed or when more facts or information about the lawsuit becomes known.

Legal Defenses: In a debt collection lawsuit, examples of some legal defenses include, but are not limited to:

(1) payment of the credit card account in part or in full;

(2) fraudulent credit card charges, which is applicable in cases of identity theft and stolen credit cards;

(3) Mistaken Identity – you do not owe the debt because you have the same or similar name of the person that owes the money;

(4) Lack of Standing – which means a creditor can only sue you if it has a relationship with you. Often credit card companies sell debt to debt purchasers. The buyer of the debt must be able to show that they bought your debt;

(5) Statute of Limitations. The statute of limitations is a law that limits the amount of time that lenders and collection agencies must sue a debtor. The statute of limitations time period is calculated from the date of your last payment and is different for each state. It is typically three (3) to ten (10) years;

(6) Discharge in Bankruptcy. If a Defendant has received a discharge in bankruptcy and listed the debt in the schedules, the discharge may be asserted as a defense.

Insufficient Funds to Settle: Having insufficient funds to pay the debt or reach a payment arrangement or settlement without having to add extra funds is not a valid legal defense. Likewise, it is not a valid legal defense that you believe that the credit card company should have settled the account with you or your debt management company prior to filing a lawsuit.

IF YOU ARE AWARE OF ANY DEFENSES YOU HAVE TO THIS LAWSUIT OR THINK YOU MAY HAVE A DEFENSE, IT IS VERY IMPORTANT THAT YOU CONTACT US IMMEDIATELY SO THAT WE MAY DISCUSS YOUR POSSIBLE DEFENSES. [ii]

[i] If you have already filed an answer to the summons and complaint yourself then you are a pro se Defendant. Pro se means “for himself” and in legal terms it means a person represents himself/herself in court when filing an action or responding to an action without the assistance of an attorney. Once you have hired Amerilit, if necessary or required, a substitution of attorney may be filed by the Amerilit attorney in your state. If you have filed a pro se answer, it is crucial that you provide Amerilit with a copy of the answer that you filed and any other communications received from the Plaintiff’s lawfirm or the court.

[ii] Document created by Mary S. Bruehl on 5-11-23; revised 8-2-23, 6-14-24. Copyright © 2023 American Litigation Law Group, PLLC (“Amerilit”) All Rights Reserved; Use of the information contained in this letter may not be used or disseminated without permission of Amerilit.

Disclosure/ Disclaimer: The information in this letter has been prepared for general information purposes only to permit you to learn more about our firm, our services, and the experience of our attorneys. The information provided is not a full analysis of the matters presented, may not be relied on as legal advice and is not to be acted on as such, may not be current and is subject to change without notice. Further, if you are not the person to whom this letter has been disseminated by American Litigation Law Group, PLLC (“Amerilit”) be aware that any use, reproduction, or distribution of this information is strictly prohibited.

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