If I answered a summons for a credit card debt and the plaintiff’s lawyer sent me a request to revise answer as to special defenses, am I obligated to answer?

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If I answered a summons for a credit card debt and the plaintiff’s lawyer sent me a request to revise answer as to special defenses, am I obligated to answer?

What would be the next step? Do I have to file another answer at the court house?

Asked on February 17, 2012 under Bankruptcy Law, Connecticut

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. each state in this country has certain procedural rules concerning litigation and affirmative defenses to a complaint. If the attorney sent you a statute setting forth the reasons why you need to revise the answer to the complaint as to the special defenses, pull up the statute online and see if it applies to your situation.

In California, specifics as to affirmative defenses are addressed in written discovery questions where the answer is typically not requested to be revised.

If there is a legal aid program in your county, perhaps you can consult with it for further assistance.


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