how to file an answer to a complaint on debt collection without an attorney in south carolina

Print two copies of your Answer Mail one copy to the court Pay the filing fee to the court. Mail the other copy to the plaintiff's attorney.

Full Answer

Should I file an answer to my debt?

You have 30 days to file an Answer and include any claims you have against the Plaintiff. I need help filing my Answer. The court may have provided you with written instructions and a fill in the blank form for responding to the lawsuit. If you are having trouble understanding the Answer, consider calling our intake line to see if you qualify for free assistance from an attorney.

How to draft a response to a debt buyer complaint?

In preparing a written Answer to the Complaint, certain information must be included so that your Answer will be properly recorded when it is received. Write this information the same way as it appears on the Complaint. You must include: 1. Name of the Court and County 2. Name and address of the person who sued you (Plaintiff) 3.

How do I file an answer to a civil lawsuit?

Sep 10, 2021 · In short, here's a quick review on how to answer a summons for debt collection in South Carolina. Remember your response deadline is 30 days; Use SoloSuit, draft your own response, or use the below court form to draft your Answer. Magistrate Answer form. Follow these three steps: Answer each issue in the complaint. Assert your affirmative defenses

Do I have to pay to answer a complaint?

Responding to a Complaint: South Carolina ... For cause shown, the court may, with or without notice or written motion, extend the period when an answer must ... must file its answer within 15 days after notice of the court's action (S.C. R. Civ. P. 12(a)). Motion to Strike

How do I respond to a debt summons in South Carolina?

Steps to Respond to a Debt Collection Case in South CarolinaCreate an Answer document.Answer each issue of the complaint.Assert affirmative defenses, if any.File one copy of the Answer document with the court and serve the plaintiff with another copy.Sep 10, 2021

How do I respond to a summons for debt collection in Georgia?

You should put the name of the court, the case name, and the case number at the top of your answer. You should sign it and date it and put your contact information under your signature. After you finish writing your answer, take it to the court clerk and ask the clerk to file it.

How do I respond to a debt collection letter?

What should I do when a debt collector contacts me?Identity of the debt collector, including name, address, and phone number.The amount of the debt, including any fees such as interest or collection costs.What the debt is for and when the debt was incurred.The name of the original creditor.More items...•Feb 2, 2017

How do I dispute a debt collector?

If you're having trouble with debt collection, you can submit a complaint with the CFPB online or by calling (855) 411-CFPB (2372).Feb 2, 2017

Can you go to jail for debt?

You cannot be arrested or go to jail simply for being past-due on credit card debt or student loan debt, for instance. If you've failed to pay taxes or child support, however, you may have reason to be concerned.Feb 1, 2021

What is Georgia statute of limitations on debt?

six yearsGeorgia law stipulates that written contracts have a statute of limitations of six years from when the debt became due and payable. On the other hand, oral breaches and open accounts have a statute of limitations of only four years from the date of default.

What should you not say to debt collectors?

3 Things You Should NEVER Say To A Debt CollectorNever Give Them Your Personal Information. A call from a debt collection agency will include a series of questions. ... Never Admit That The Debt Is Yours. Even if the debt is yours, don't admit that to the debt collector. ... Never Provide Bank Account Information.Sep 21, 2021

What happens if you dispute a collection?

Once you dispute the debt, the debt collector must stop all debt collection activities until it sends you verification of the debt. You can also use the sample dispute letter to discover the name and address of the original creditor. As with all dispute letters, you should keep a copy of the letter for your records.

How do I write a hardship letter to a debt collector?

Tips for Writing a Hardship LetterKeep it original. ... Be honest. ... Keep it concise. ... Don't cast blame or shirk responsibility. ... Don't use jargon or fancy words. ... Keep your objectives in mind. ... Provide the creditor an action plan. ... Talk to a Financial Couch.

How can I get a collection removed without paying?

Typically, the only way to remove a collection account from your credit reports is by disputing it. But if the collection is legitimate, even if it's paid, it'll likely only be removed once the credit bureaus are required to do so by law. There are 3 collection accounts on my credit reports.Nov 30, 2020

What is a goodwill deletion?

The goodwill deletion request letter is based on the age-old principle that everyone makes mistakes. It is, simply put, the practice of admitting a mistake to a lender and asking them not to penalize you for it. Obviously, this usually works only with one-time, low-level items like 30-day late payments.Sep 12, 2015

What is the best thing to say when dispute a collection?

The debt dispute letter should include your personal identifying information; verification of the amount of debt owed; the name of the creditor for the debt; and a request the debt not be reported to credit reporting agencies until the matter is resolved or have it removed from the report, if it already has been ...Feb 14, 2022

What happens when a complaint is vague?

If a complaint is so vague or ambiguous that a party cannot reasonably be required to frame a response, theparty may move for more definite statement. The motion must specify the defects complained of and the details

What is a counterclaim in a lawsuit?

The answer must contain counterclaims arising out of the same transaction or occurrence that is the subjectmatter of the lawsuit, unless the claim requires the presence of a third party over whom the court cannot acquire

How long does it take to serve a crossclaim in South Carolina?

The crossclaim defendant must serve its answer or motion within 30 days ofservice of the crossclaim. (S.C. R. Civ. P. 12(a).)

What is the court hearing before a motion to dismiss?

Generally, the trial court hears oral argument before deciding motions to dismiss. These motions must be heardand determined before the trial unless the court orders the hearing and determination be deferred until trial (S.C.

How long does a defendant have to answer a motion to strike?

If the court denies the motion to strike, or postpones its decision until trial, the defendant must file its answerwithin 15 days after notice of the court's action (S.C. R. Civ. P. 12(a)).

How long after a jury trial can you demand a jury trial?

Any party may demand a jury trial by serving the other parties with a written demand. The written demand may beserved at any time after the commence ment of the action but not later than ten days after service of the lastpleading directed to this issue. (S.C. R. Civ. P. 38(b).)

Can you file a motion for a more definite statement?

There are no preliminary requirements for a motion for a more definite statement. Best practice, however, is tocontact opposing counsel and request an amended complaint before filing a motion for a more definite statement.

What is a complaint?

Complaint: The Complaint is what most people consider the “lawsuit”. A good way to look at the Complaint is as a list of allegations the plaintiff (the person/company suing you) has against the defendant (you). At this point nothing has been proven, it is just a list of allegations. Answer: The formal document you draft in response to ...

What is the statute of fraud?

Statute of Frauds: the statute of frauds requires that certain types of contracts be in writing. For instance, most real estate contracts must be in writing. Failure to Name an Essential Party: This is a common one in debt buyer lawsuits as often they have named the wrong party or have failed to include a needed party.

What are affirmative defenses in a lawsuit?

Similarly, you can raise these types of defenses in civil cases. Below is a list of common affirmative defenses in debt buyer lawsuits: 1 The statute of Limitations: with this affirmative defense you are basically asserting that even if all of the debt buyers allegations are true, the time frame in which they are permitted to file a lawsuit against you has passed and the case must be dismissed. 2 Laches: this is the sister to statute of limitations. Essentially you are alleging that there has been a prejudicial delay by the plaintiff in bringing the lawsuit. This is different from the statute of limitations in that the violation of the statute of limitations is the violation of a specific statute. For instance, in Arizona, the statute of limitations for a written contract is 6 years. However with laches, even if the time period has not expired yet, you can allege that a delay by the plaintiff has had a prejudicial impact upon you (this is the type of stuff that makes your head hurt!). 3 Payment: This one is a little easier. Essentially you are alleging you have paid the debt that is owed. 4 Statute of Frauds: the statute of frauds requires that certain types of contracts be in writing. For instance, most real estate contracts must be in writing. 5 Failure to Name an Essential Party: This is a common one in debt buyer lawsuits as often they have named the wrong party or have failed to include a needed party.

What does it mean when you receive a summons and complaint?

If you receive a summons and complaint, this typically means that you are being sued by someone. If you fail to answer, the person suing you may be able to get a default judgment against you. This means they get whatever they are asking for in their complaint. To avoid that, you can't ignore the summons and complaint.

What is a certificate of service?

The certificate of service form is the same for every case filed in court. On the certificate of service form, write the name and address of the plaintiff (or their attorney) as it appears on your summons. This is where you'll have to deliver a copy of your answer after it's filed.

Who is Jennifer Mueller?

This article was written by Jennifer Mueller, JD. Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006.

Do you have to pay filing fees?

Pay the filing fees if necessary. Typically, you don't have to pay any filing fees simply to answer a complaint. However, if you have a counterclaim against the person who is suing you, there may be fees involved. The court clerk will tell you how much the fees are and what method of payment is accepted.

What happens next if you file an answer in a civil case?

What happens next will depend on what you filed. If you filed an answer, the case will move forward. To see how a civil case moves through the district court or justice court, click on these flowcharts:#N#Flowchart - Civil Case in District Court#N#Flowchart - Civil Case in Justice Court

What is an answer in a lawsuit?

An answer is your opportunity to respond to the complaint’s factual allegations and legal claims. It also allows you to assert "affirmative defenses," facts or legal arguments you raise to defeat plaintiff’s claim. Filing an answer prevents the plaintiff from getting a default judgment against you.

What does it mean when you receive a summons and complaint?

Overview. If you have received a summons and complaint, that probably means you are being sued. Being sued can be one of life’s most stressful experiences. Although it might be tempting to ignore a summons and complaint, ignoring a lawsuit does not make it go away.

How long do you have to respond to a lawsuit?

However you decide to respond to the lawsuit, remember there are deadlines to take action. Typically, you have twenty calendar days from when you received the summons and complaint (not counting the day of service) to file a response with the court. But that time might be shorter in some cases.

What is a counterclaim?

Compulsory counterclaims. If your claim arises out of the same transaction that underlies the plaintiff's claim , you have a “compulsory counterclaim.”. If you do not file a counterclaim in plaintiff’s case, you will lose the right to file a separate lawsuit.

What to do if you do nothing in a lawsuit?

If you do nothing, the plaintiff can – and probably will! – ask the court for a default judgment. You may have other options as well. The best way to evaluate your options is to speak to a lawyer. An attorney might be able to identify defenses that apply to you or even help you settle your case out of court.

Why do you file a motion to dismiss?

File a motion to dismiss or for a more definite statement. There are a number of reasons why you might file a motion to dismiss, including: Lack of jurisdiction. In other words, the court does not have jurisdiction over you. Click to visit Deciding Where to File for more information about jurisdiction.

What is the answer to a complaint?

You should respond to each paragraph of the complaint matching your response to the exact number used in the complaint.

What is attached to an answer?

You may also desire to include in your answer a copy of a document. Documents can be attached to your answer, made part of your answer and referred to in your answer. Documents are then referred to as "Attachments" or "Exhibits". Copies of all attachments or exhibits are numbered and attached at the end of the Answer.

Do you know if a complaint is true?

Sometimes you do not know if the statement in the complaint is true or not or you do not have enough information to determine if the statement is correct. In that case your response should be: "lack enough information to respond".