Should I answer the lawsuit and admit the debt?

Should I answer the lawsuit and admit the debt?

In S.C. you answer a lawsuit by admitting or denying what the complaint says. That means you should address each paragraph separately.  Rule 8(b) of the S.C, Rules of Civil Procedure require the following:

Every allegation must be specifically admitted or denied.

Failure to deny constitutes admission.

An answer neither admitting nor denying but "demanding proof thereof" is insufficient.

Each allegation that is not admitted must be denied in good faith all of the parts of an averment not admitted.

 

If you deny any paragraphs in good faith, this says to the creditor that is suing you: "Prove it!"

You have the right to make the creditor prove its case by showing this really was your debt, you still owe it and they have the proper legal status to collect it from you.

For more on this see the sections on:

1. What Creditors Assume is True that May Not be True; and

2. Common Defenses

Attached is an example of a DIY answer to a complaint - - one that you can do for yourself.

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