A credit Card debt summons that I am guilty of not paying , I can t afford to pay the debt . But am willing to make payments , or work something out . I have not made contact with the legal firm yet , but I am , willing to do so .
Before you contact the law firm representing the creditor suing you, it would be best to seek legal advise regarding this lawsuit. Most collection lawsuit defense attorneys or bankruptcy attorneys offer an initial free consultation. Depending on the specific facts of the lawsuit and the creditor who has brought the suit, you may have a defense against the action that could result in no liability to you. Most charged off credit card debt is purchased by debt buyers who may not have the appropriate documentation to prevail in a lawsuit. However, if you do not answer the lawsuit, the creditor can obtain a default judgment against you. It is important to obtain legal advice regarding your options from a qualified Minnesota attorney.
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4 lawyers agree
I agree with the above answer. You should consult with a local collection defense attorney with the details of your case to determine what deadlines you need to meet in order to answer and avoid a default judgment. In my experience, debt collectors often fail to serve a debtor properly, or rely upon the debtor to acknowledge service rather than personally serving the debtor. If this is the case for you, you may have a defense in that regard.
In any case, if you seek to settle or enter a repayment plan with the creditor, it is never too late to negotiate a settlement, but you need to speak with an attorney to determine how to answer the summons.
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All good answers. I will warn you, do not allow this to proceed to default judgment if you own real property, it can make your life more difficult. Consult bankruptcy counsel. Often, it is just this sort of lawsuit that precipitates bankruptcy because a judgment can lead to garnishment of wages or levy on a bank account.