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Received a summons to answer for unpaid credit line from a collection agency. Have until Aug. 31st to respond.

Fort Collins, CO |

The credit line is from an old business that has been dissolved. My ex-business partner is also listed as a defendant. Would like to settle out of court but am financially burdened and would not be able to offer much in the way of a payment plan. What would be the best way to respond to this complaint?

Attorney Answers 3


If the line of credit is truly only for the dissolved business, you have no liability. But, usually such loans require a personal guarantee. So, that is likely why they are naming you in the civil suit. Go ahead and call them and see if there is any possibility they might be reasonable in working with you. However, you should absolutely file an answer before the answer date. I suggest an attorney, or a trip to the law library for the proper format.

If you have more of these, as your comment about being financially burdened indicates, you might well at least consider bankruptcy. I represent consumer debtors in chapter 7 and chapter 13 cases in Massachusetts and New Hampshire, but the U.S. Bankruptcy Code, as the name suggests, is federal and applies in all 50 states.

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I disagree. Why settle with a debt collector when the debt collector most likely cannot prove that you owe anything? Fight it. I did for a client and the case went from a possibility of settling to dismissed.

Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.

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I wouldn't default. Answer the complaint, but do so with an attorney so your bases are covered. Answwering the complait will buy you time, in some respets, to get your affairs in order and maybe get you out of it on favorable terms. Look for a member of NACA in your area; most members take on this type of action for a modest fee

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