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I received a summons taped to my door. This summons has no court date and no one has signed for this. What should I do?

Monticello, IN |

I am being sued over a credit card debt that has been charged off in 2008 and bought by an investment firm. That investment firm is now suing me. The debt is for 1900. Can you advise any options!

Attorney Answers 3


Different states allow different methods of delivering legal papers to people. The court where you are being served may have a self-help center where you can obtain forms to respond to this suit, or you may want to pay to consult an attorney for assistance in responding to this lawsuit. The amount of the suit may not make it worth the expense of obtaining legal representation. Once you respond to the suit, you can begin discussions with the other side to see if you can resolve this dispute outside of court. Hope this perspective helps!

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Go to Indiana's judicial website and find the forms section. Download an appearance form and an answer form.

On the appearance form just fill in your own name and say you are going to represent yourself. Pro se.

On the answer form deny everything.

Mail both forms in.

Be sure to send copies to the lawyer who had the Marshal serve you.

Wait a couple of days and call that attorney and offer to pay one third of the demanded amount in a lump sum in total payment. He won't accept it probably because he just spent a few hundred dollars filing suit, but you may in the end settle for 900 or thousand in a lump sum or $500 today and another thousand over two years paid monthly. Something like that. Be prepared to be flexible but also have your own ideas of what you can afford over what period of time to make this go away.

Attorneys from Bachand & Bachand try to answer questions in the spirit of "giving back" to the community. If someone can find an answer that helps them avoid the cost of representation WHILE protecting their rights, we want to help that effort. On the other hand, we urge everyone to seek legal counsel for all legal matters that can affect your life. The answer above is not legal advice, but a "heads up" relating to the issue raised solely for the purpose of partially educating you to some of the issues raised.

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You have 20 days from the date the summons was served to respond to the court with a responsive pleading, typically an "Answer." If you do not do so within that time, the Plaintiff can get a default judgment against you. You should consult an attorney immediately.

Advice on this forum is for informational purposes only and should never be mistaken as a substitute for legal advice. If you are in need of legal advice, you should consult local legal counsel.

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