• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

How to respond to court document

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

ga2700

Junior Member
What is the name of your state (only U.S. law)? Texas

I have enormous debt involving several creditors. In almost all cases, the accounts are now several months past due. I have recently received a citation from one of my creditors telling me I have been sued. For the foreseeable future, I have no way to pay what they're asking. The citation tells me I must file a written response by a certain date, but other than providing me with an address and a deadline, I have no idea what must be included in such a response, or how it should be worded. That is the advice I'm seeking.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Texas

I have enormous debt involving several creditors. In almost all cases, the accounts are now several months past due. I have recently received a citation from one of my creditors telling me I have been sued. For the foreseeable future, I have no way to pay what they're asking. The citation tells me I must file a written response by a certain date, but other than providing me with an address and a deadline, I have no idea what must be included in such a response, or how it should be worded. That is the advice I'm seeking.
Check the court website for the court your are being sued in - they generally have self-help sections. Other than that, your request is beyond the scope of this forum. You should consult with a local attorney to help you properly respond.
 

single317dad

Senior Member
What is the name of your state (only U.S. law)? Texas

I have enormous debt involving several creditors. In almost all cases, the accounts are now several months past due. I have recently received a citation from one of my creditors telling me I have been sued. For the foreseeable future, I have no way to pay what they're asking. The citation tells me I must file a written response by a certain date, but other than providing me with an address and a deadline, I have no idea what must be included in such a response, or how it should be worded. That is the advice I'm seeking.
The process will go something like this:

- You are sued by a creditor. There will be a complaint (your citation) attached to a summons.

- You're given a date to respond with documents called an "Answer" and "Defenses". Examples of those documents are freely available online.

- The creditor's attorney will respond to your Answer with (probably) a Motion for Summary Judgment, since it will be clear that you 1) owe the debt and 2) have not paid as agreed.

- You can contest the MSJ. You can ask for a court date. In the end, you'll lose the case and there will be a judgment against you for the amount of the debt plus interest, court costs, and attorney fees.

- Texas is pretty lenient on debtors as far as wage garnishment, but your assets can be seized and bank accounts levied aside from those containing current wages.

- You can stop this and all your other creditors from continuing legal action against you if you qualify for bankruptcy.
 

stellas

Member
What is the name of your state (only U.S. law)? Texas

I have enormous debt involving several creditors. In almost all cases, the accounts are now several months past due. I have recently received a citation from one of my creditors telling me I have been sued. For the foreseeable future, I have no way to pay what they're asking. The citation tells me I must file a written response by a certain date, but other than providing me with an address and a deadline, I have no idea what must be included in such a response, or how it should be worded. That is the advice I'm seeking.
Agreed. Look up your local court records to see if you are ACTUALLY being sued or if it's just a cheap debt collector tactic. Most counties will have a free law library with folks who can help you look this up and will help you with forms for your specific county as well.

Good luck!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top