QUESTION

How long do I have to respond? Is it 30 or 40 days? What form to I use to respond to the summons? Is it better for us to file bankruptcy?

Asked on Jul 31st, 2013 on Bankruptcy - New Jersey
More details to this question:
I am being sued for a debt collection on a credit card that I defaulted on. The papers were filed on July 5th, but I wasn't served until July 13th. Even then, the papers were left on my front door and not personally given to me. This is not the only credit card that my husband and I had to default on. We don't have any sort of assets or extra money to settle and worry about the other companies coming after us also.
Report Abuse

3 ANSWERS

Your first question is were you validly served. If you found papers on your stoop and had no contact with anyone, then no. However, you may find yourself subject to a default judgment if you do not act and the court believes whatever evidence of service is presented by the process server. Conversely, if you were at the door or window and answered through it or were recognized but refused to address the person, that's another story regarding service. The time you have to respond will be stated on the summons, typically twenty days, though sometimes there are other time periods permissible under the law. If there is a judgment entered against you, the prevailing party can then attempt to collect the base judgment amount, court costs, and attorney fees, including future court costs and attorney fees when and as approved by the court. A judgment can be renewed at the five year mark and remain a valid judgment. If you have no non-exempt assets, the judgment will exist but will be uncollectable, unless your status changes some day in the future. If you have non-exempt assets, whether property or income, the creditor can seek those non-exempt assets. If you have multiple debts and minimal assets, you might wish to consult with an attorney in your area who provides representation for bankruptcy proceedings.
Answered on Aug 01st, 2013 at 12:58 PM

Report Abuse
Debt Collection Attorney serving Chicago, IL
2 Awards
1. Different summonses differ regarding the deadline for response and whether you have to appear in person or file an appearance. In addition, if the debt is $10,000 or more in Illinois, you have to file an answer or motion. Read the document carefully and comply. 2. Leaving papers outside your door is proper service only if you refuse to open the door. Whether this is worth raising may depend on such considerations as whether the statute of limitations may expire shortly. 3. One important consideration in determining the appropriate course of action is whether you are being sued by original creditors or debt buyers. Debt buyers generally cannot prove anything. You may be able to defend the case yourself, or hire an attorney for perhaps $1,000. Original creditors, particularly if the debt is large and the creditor has brick-and-mortar offices locally, may be able to produce a witness and prove their case. 4. Whether you should file bankruptcy requires a detailed examination of your financial circumstances with a bankruptcy attorney. 5. Generally, if you have 2 or 3 debts in the hands of debt buyers, I would suggest trying to defend the cases before filing bankruptcy.
Answered on Aug 01st, 2013 at 9:23 AM

Report Abuse
Bankruptcy Law Attorney serving Livingston, NJ
2 Awards
I would suggest that you consult with Bankruptcy Counsel in your jurisdiction.
Answered on Aug 01st, 2013 at 9:15 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters