I have received a civil summons on a charged off credit card that I had planned to pay.

Yes, you need to seek the services of a lawyer to review this case to see what legal defenses you may have. You will need to answer this lawsuit within 30 days of receiving the summons and complaint. Don't ignore it or a judgment will be issued against you and it may be more difficult to seek a resolution after a judgment has been docketed. Hope this helps. Mark

The summons is not to appear in Court, but it will require a written response within 30 days of your receiving it. You would certainly want to contact an attorney to seek representation but even if you can't find one, make sure you respond to the Complaint within 30 days. An attorney should be able to assist you with negotiating a resolution or payment plan with the credit card company. I wouldn't worry about a credit counseling agency at this point. Good luck. Ed Maginnis www.maginnislaw.com

Its too late for credit counseling. Whether you should get a lawyer and defend the debt depends on your circumstances. If you have lots of debts or if this debt is large, maybe consider bankruptcy. In such case, get a consult with a bankruptcy attorney now. While you can file bankruptcy at any time, its easier in bankruptcy to get any lawsuits eliminated now prior to judgment. If you have valid defenses to the complaint (such as its not your debt, you already paid or collection of the debt is barred by the statute of limitations), then it would behoove you to hire a litigation attorney and litigate this. If you do not file an answer asserting the statute of limitations, then the defense is waived. So do not delay. You have 30 days from the day you receive the complaint to file an answer. If this is your debt and you would only file an answer admitting its your debt, then really there is no point in hiring a litigation lawyer now unless you are hoping to gain a few months of time which would allow you to get the funds to resolve it. However, if its your debt and the creditor can prove it, the creditor is going to get a judgment against you - its just a question of when. Judgments are not the end of the world - they can be resolved if and when you have the funds. But it depends on your assets and debts and what level of risk you can tolerate. The longer you wait until after judgment the better the odds of you being able to reach a very favorable resolution. Of course, if you have the funds to settle now, then that can be done. Or if you want to work out a payment plan, that can also be done but any payment plans are going to be based on the full amount of the judgment. And most creditors, at this stage, would want a consent judgment if they agreed to a payment plan. Without knowing about your circumstances, I really cannot give more specific advice as to what would be best for your situation. If you are interested in exploring non-litigation non-bankruptcy options, I give free email consults and charge $50 for a 30-minute phone consult. Please contact me at [email protected] if interested.