| Is it time for an attorney?
What is the name of your state? California
Did I blow it?
I was sued by a bank on 11/2004 for Credit Card debt. I answered the Complaint within the 30 day time frame required here in California, to avoid a Default Judgment. However I believe a made a MAJOR blunder in the answer.
The plaintiff is suing me for $5,454.00, plus court cost and 12% interested from the date 12/02. I believe that SOL has passed (4 years in California to file suit). In my Answer, I mistakenly admited to all the allegations, one of which being that I opened an account with plaintiff within the last four years.
Due to an oversight, I now discovered that I did not deny that allegation and its like 3 weeks until the Case Management Hearing. I was wondering if there is away that I can amend my Answer to the complaint and deny that I opened up an account within the last 4 years. Or can make that argument in open court even though I failed to deny it in my Answer?
By the way, I did make an Afirmative Defense in my Answer that the Statue Of Limitations has passed. Do you think the Plaintiffs will be granted a Summary Judgment due to conflicting information in my answer, or will the judge allow me to proceed with The Affirmative defense and prove that statue of limitations has passed.
Your help is greatly appreciated. | 
05-18-2005, 11:41 PM
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