Found an issue on this page? Let us know and we will look into it as soon as possible.
Summoned for a civil suit on credit card debt
Anonymous2 views4 answers
I just got a summons from the magistrate. One of my credit cards is suing me for the balance due on a credit card. I have been unemployed for a year and have applied for social sec. disability. All of our money goes to pay mortgage, electric and food. How do i respond to this summons? I admit I owe the money, but have no means to pay it.
A magistrate lawsuit does not require anything other than a phone call to the judge's office letting them know that you intend to defend at the scheduled hearing. You mentioned that this is a credit card lawsuit, but is it filed by the credit card company, or, by a collection agency? If it is filed by a collection agency, it is pretty easy to win if you hire a consumer attorney. Consumer attorneys win those cases a high majority of the time. You do reference that you have no funds available, so that is a problem that is difficult to address. If the claim is filed by a collection agency, then you really should consult with a consumer attorney to see if any debt collection laws have been violated. If there are any debt collection violations, then a consumer attorney may be able to help you with no out of pocket expenditure on your part.
If you have no defense to the debt, there is probably no point in appearing. Once the creditor obtains a judgment against you, either by default or defeating any defense you might have, they will be able to move forward with involuntary collection by garnishing your wages or levying your bank account. You may be able to somewhat protect your income without filing bankruptcy, but at this point it would be smart to contact an attorney. Most bankruptcy and consumer attorneys will offer a free consultation.
What Mr. Artim said is correct. I read you comment about the plaintiff and it does not change the advice much. I have handled all kinds of credit card claims as well as debt buyer cases. Almost none of them come to court with anything other than their briefcases. This means that any of these cases can be won most of the time (not all-nothing is an absolute). However, you cannot do it on your own. If you appear, you will most likely be called to the witness stand, and you don't want that. A consumer attorney is a must. Anyone with any legal sense will tell you to stay home. The attorney will handle the case without you; you can only hurt yourself by appearing.
You definitely need to find a local attorney who offers free consultation to review your entire situation so you may learn about all available options. Larry and Greg are spot on as usual, they just beat me to the answer.
