I have been summoned for non-payment of credit card debt. I want to repay it and plan on doing so, but can't yet.

Attorney answers (2)

1. Licensed in AZ

   

   Michael KielskyPro

   Tempe Criminal Defense Attorney

   Contributor Level 10

   

   EmailVisit website

   Answered October 30, 2010 16:41. If a defendant fails to respond and file an answer, the plaintiff may request and obtain a default judgment.
   
   After obtaining a judgment, the plaintiff may demand that the defendant appear and submit to a judgment debtor's exam. The plaintiff may file to obtain a garnishment order, or levy the defendant's bank accounts, or even attempt to lien, get possession, and sell property, all to satisfy the judgment. The defendant is responsible for any costs related to satisfying the judgment.
   
   When a defendant is self-employed or a sole proprietorship, that will still subject the defendant's business to a garnishment order.
   
   A defendant should generally not permit a suit to go to default. In most cases, a defendant may benefit from filing an answer and taking the matter through court.
   
   Alternatively, bankruptcy may be advisable, if the debts (including current and potential judgments) are likely to exceed the defendant's ability to repay everything over the next 3 to 5 years.
   
   One would be well served consulting with an experienced credit, collections, and bankruptcy attorney.
   
   This answer is a general statement of law, did not and could not consider all details of your situation, should not be relied upon as legal advice, does not create an attorney/client relationship.
   
   If you found this answer helpful, please click the "thumbs-up" button below this answer.
   
   -- Michael Kielsky
   Counselor & Attorney at Law
   Kielsky, Rike & Elgart, PLLC
   Tel.: +1.480.626.5415
   FAX: +1.480.626.5543
   2919 N. 73rd Street
   Scottsdale, AZ 85251
   Web: www.KRElegal.com
   
   Legal Notice & Disclaimer: http://KRElegal.com/disclaimer

   • Mark as helpful
   • Flag
2. 

   Andrew Myers

   North Andover Personal Injury Lawyer

   Contributor Level 20

   1

   Helpful vote

   Answered October 31, 2010 05:46. The answer to your question is that you always want to negotiate these things from a position of strength. If you have received court papers, you should not ignore them. Failing to respond within the allotted time will result in a default judgment.
   
   Always answer the summons within the time required. When you are served with a law suit, the papers will tell you what the time period is in order to respond. Without this response, the party that brought the suit can apply for a default judgment against you and will also pile on attorney fees and costs.
   
   If you have any doubt how to answer the legal papers, here are some options:
   
   (1) Go to the court clerk's office and ask for help. Court clerks may not give legal advice and so you should not rely on the clerk’s office to tell you what to say in response to the legal allegation, or how to defend yourself. However, they may be able to assist in providing various forms or explaining the time deadlines.
   
   (2) Retain an attorney. This is the best option because an attorney understands the meaning of the language in the complaint and understands what valid defenses you have.
   
   (3) If you can not afford an attorney, call the state or county bar association and ask for a low fee or no fee referral.
   
   Beyond answering the legal papers, civil court rules also allow you to send discovery to the people who have sued you, requiring them to answer questions and to provide documents. This can only be done if you answer in a timely fashion, and should really only be done by an attorney.
   
   I truly wish you the best.
   
   This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

   • Mark as helpful
   • Flag