sued for cc debt

[cgalan]

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

I was served a summons three days ago and need to file an answer. I can't afford an attorney and feel somewhat confident I can handle this myself. I just have a few questions and hope someone can help... The summons says that the plantif contacted me and I did not pay. I was never contacted by the plantif, only the attorney one time and was not given the opportunity to negotiate payments. They demanded $600 within 15 days and every 30 days after. I could not afford that and they simply said OK and hung up. Also, there is an attachment which is a signed and notarized affidavit that is dated sept 25 2009. It states that the plantif demanded payment from me more than 30 days prior to said affidavit and that I did not pay. Like I said, I was never contacted by the planitf, only the attorney, and that was a letter I received that was dated Oct 9 2009...after the affidavit was signed. Does any of this make a difference?

I am also not so sure that this is legitamate. How can I find out information on what the plantif has?

 

[Mass_Shyster]

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

I was served a summons three days ago and need to file an answer. I can't afford an attorney and feel somewhat confident I can handle this myself. I just have a few questions and hope someone can help... The summons says that the plantif contacted me and I did not pay. I was never contacted by the plantif, only the attorney one time and was not given the opportunity to negotiate payments. They demanded $600 within 15 days and every 30 days after. I could not afford that and they simply said OK and hung up. Also, there is an attachment which is a signed and notarized affidavit that is dated sept 25 2009. It states that the plantif demanded payment from me more than 30 days prior to said affidavit and that I did not pay. Like I said, I was never contacted by the planitf, only the attorney, and that was a letter I received that was dated Oct 9 2009...after the affidavit was signed. Does any of this make a difference?

I am also not so sure that this is legitamate. How can I find out information on what the plantif has?

You were contacted by the plaintiff, through their attorney. You did not pay. When you attempted to negotiate, you likely acknowledged the debt.

It doesn't sound like you have much to stand on.

You can request their information through discovery. Check the Texas Rules of Civil Procedure for Request for production of documents and things.

 

[Tayla]

1: Just because someone says this is what we want you to pay us and you say I cant pay that, doesnt mean acknowledging the debt. What you are acknowledging is you cant financially pay whatever it was they are stating. Not the same as admitting claim to the debt. Nor was the offer in writing. No where did I read the poster say "I cannot pay this legitimate debt that I owe you"
Aside from that : Show up for the hearing before the judge, otherwise they get a default judgment.
If you know its a credit card debt and you know who the company is, how long has it been since you did pay? Do you have any past statements? Is it a legitimate claim? Usually the judge will allow both sides to agree upon a payment plan if both sides can negotiate and the debt is true and active for collection.