How to decide if you want to respond to the demand
Only you can decide if you want to respond or not to demand. It can be very helpful to get advice from a lawyer to decide whether to respond and how. Click if you need help finding a lawyer.
If does not respond
If it had no response within 30 days after receiving the legal delivery, the plaintiff can present a form called "Request for uncontested" ("Request for Entry of Default" in English), which means that now you can not meet the demand and defend himself. If you are not agree with any part of the case, or the amount of money that believes it should, not you can tell the Court once declared his lack of appearance.
Once declared his lack of appearance, the plaintiff can ask the Court that handed down a ruling by uncontested against. The plaintiff will have tested your case unless you can dispute what he says, and can receive the amount you requested when you did the trial.
Later, the plaintiff can enforce the judgment against her. This means that you can charge you money attaching her salary or bank account, imposing a right of retention to your home or garnishing your cart. A ruling against can also be recorded on your credit record.
Perhaps you want to respond when:
It has a defense against the demand, for example if you believe it because less money from what the claimant asks. The only way to defend themselves is presenting a formal response. For example, if you tried to coordinate a plan of payments with the creditor, but this declined, and is now doing trial for Attorney's fees and the costs of the Court, in addition to the amount of capital that must, the only way to tell the Court that it is not paid by the judgement is by filing an answer and describing the defense in its response. If does not submit a response, the part that is suing (plaintiff) can get a failure against the full amount sought in the lawsuit, and you not will tell the Court why you think it should not.
So, unless you need all the money that prompted the plaintiff, and does not want to present any defence, it should respond to the trial because it is the only way to defend themselves and not get a judgment against her for uncontested.
Sometimes the defendants presented a response but need money because they want to negotiate an agreement with the plaintiff, and to file a response, you will have more time and a chance to reach an agreement. This can work if it is prepared to respond to disclosure requests (promptly) and if you are able to pay something to reach an agreement in the case.
Sometimes the defendants presented a response if they believe that the plaintiff cannot prove the case. The complainant has the initial charge to prove that you owe the money. If the claimant cannot prove that there was a contract, or did certain charges on the credit card, it is possible that it can win the case because the plaintiff cannot prove what alleges in the lawsuit. This may be true in cases in which a loan from a bank was transferred to another, then to a collection agency, and the documentation was lost. If you can obtain copies of documents that support the plaintiff's claim that owes money, and believes that the plaintiff has no evidence, there can be a response to ask the complainant to show its evidence to the Court.
Perhaps you want to not respond when:
You can't afford and has no defense to present. In those cases, file an answer may end costing more money than the original debt. This is so because:
When you file an answer, the plaintiff in general will be "revelation" requests, which are legal tools to obtain information and evidence for the trial. The revelation may involve a series of questions, documents that you have to provide, or admissions that owes money. If it does not respond to requests for disclosure on time, the Court may order you to pay money to the plaintiff as a sanction (penalty). This will be added to the amount of money that may order you to pay at the end of the trial, if it lost.
In addition, if it continues with the case when you have no defense can result in a judgment for more money against her, because perhaps added the court costs and Attorney's fees of the other party to the judgment against.
As you can see, the decision to respond or is not very complicated. The only way to find out what you should do in your situation in particular is consulting with a lawyer. Some bar associations or legal aid agencies can have lawyers that can help you to negotiate with a bank or credit card company and avoid having to go to court.
