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How do I answer to a summons in Minnesota?

Alexandria, MN |

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 .

Attorney Answers 3

Posted

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.

DISCLAIMER This answer is for general informational purposes only based upon the question posed. This answer does not create any attorney-client relationship between attorney Carla M. Handy and/or any of the Bond and Botes affiliated law offices. The only manner in which attorney Carla M. Handy and/or any of the Bond and Botes affiliated law offices represents any prospective client is only after a written retainer agreement has been signed by all parties setting forth the mutually understood attorney-client relationship. No representation is made that the quality of legal services to be performed is greater that the quality of legal services performed by other lawyers. We are debt relief agents and Attorneys at Law. We can help people file for bankruptcy relief, where appropriate, under the bankruptcy code.

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Paul H. Weig

Paul H. Weig

Posted

Ms. Handy's advice is spot on. I seldom endorse the advice by out-of-State attorneys on Avvo, but in this case I am happy to. There are several consumer's rights attorneys, mostly in the twin cities, but not all, and you should talk to some before deciding to admit to owing anything. Even if you end up negotiating payments, a lawyer can protect you from debt collector abuses. People trying to settle without representation are often asked to sign settlement agreements that allow the collector to get a judgment if your payment is one day late, etc. A situation that has tremendous potential for abuse. The payment plans drafted by the debt collectors are often designed to fail, and they expect you to fail. The other thing they will do is try to make you give them all the information they'd need to collect a judgment from you when they do default you. Don't go it alone.

Posted

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.

Andrew C. Thompson, Attorney at Law, 1539 Grand Avenue, St. Paul, MN 55105, (651) 698-2181, athompson@tl-attorneys.com I am providing this information solely for informational purposes. The information you obtain at this site is not, nor is it intended to be, legal advice. Nothing transmitted in this posting establishes an attorney-client relationship. You should consult an attorney for advice regarding your individual situation. You are welcome to contact me personally in anyway. However, such contact does not create an attorney-client relationship. Please do not send any confidential information to me until such time as an attorney-client relationship has been established.

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Posted

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.

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