What happens if you don’t have the filing fees after being issued a citation concerning credit card debt?
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What happens if you don’t have the filing fees after being issued a citation concerning credit card debt?
I have been informed that I am being sued by a credit card company I was served with a citation. I don’t have any money for filing fees. Free legal advice in my city does not deal with credit card debt issues at this time.They are helping the homeless with housing issues and things of that nature. At the same time there is a class action suit against the same credit card company.What shall I do?
Asked on October 31, 2010 under Bankruptcy Law, Louisiana
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You can still file an answer to the complaint (lawsuit) with the court and complete a court form which allows you to waive the court filing fee.
The answer denies the allegations in the complaint. At the law library, look in the index of Pleading and Practice for Answer to Complaint. It will have a general format for an answer and some sample answers. At the end of the Answer, you will need to include the Verification which attests to the veracity of the statements in the Answer under penalty of perjury. Sign and date the Verification. File the Answer and Verification with the court with a proof of service and serve a copy on the attorney for the collection agency. The proof of service confirms the date of mailing. You can use a court form or can write your own proof of service. The proof of service just says that you are over 18 and the attached documents were sent via first class mail unless specified otherwise to _______ (name and address of attorney for collection agency) on ________ (date). You sign at the bottom under penalty of perjury. The date on the proof of service should be the same day you file the answer to the complaint with the court.
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