Summons and Petition Received - Now What?

[SoonerCruiser]

I received a standard summons and petition last Wednesday from the "supposed" lawyers (Love, Beal and Nixon) representing HSBC Nevada.

They haven't given me enough information about the account to answer in any way other than to deny every claim for lack of evidence.

I need to know the time line for my filings. And, I'd like to make sure I am using the correct forms and wording.

Could someone please list for me the documents I need to file and the order in which to file them?

Here is the link to the court case (it's public record anyway)

EDITED by Enigma - it is not a good idea to put your personal information out there for the world to see.

Please help.

[Enigma]

If you can deny, then deny.

File your answers and counter claims if you have any along with your affirmative defenses.

[SoonerCruiser]

Quote:

Originally Posted by Enigma If you can deny, then deny. File your answers and counter claims if you have any along with your affirmative defenses.

1) Are these to be filed on separate forms or all together in my answer?

2) How can I have counter claims and affirmative defenses for an "alleged" debt that I have not been given enough information upon which to base any claims?

3) Should I wait for the claims and defenses until after I have received validation, verification, discovery, interrogatives, etc.?

[Enigma]

is this the first contact you have had with this law firm?

If no, did you request validation/verification in a timely manner?

What are the Rules of Civil Procedure for your court?

With regards to item #2, that is a possible affirmative defense.

[SoonerCruiser]

Quote:

Originally Posted by Enigma is this the first contact you have had with this law firm? If no, did you request validation/verification in a timely manner? What are the Rules of Civil Procedure for your court? With regards to item #2, that is a possible affirmative defense.

This is the first contact that I am aware of. I dug through 6 months worth of mail and found nothing from them.

I have not request validation or verification. I have not responded in any way.

[neil5623]

Check the procedure rules for the court where they file. In Texas courts, we have until the first Monday after 20 days of being served to file the answer and any discovery. We have 50 days after service to answer their discovery. One thing to be sure you remember to include is an affidavit swearing that all you say is true and accurate. But check your rules.

Lack of verification can be a very good defense.

[Enigma]

Since this is the first contact, immediately DV them.

What is the SOL in OK for credit cards?