QUESTION
What should I do about a court summons for debt?
Asked on Jul 29th, 2011 on Bankruptcy - Mississippi
More details to this question:
I have been served a court summons by a collections agency; and need to file an answer by, or appear in court on, Aug 2. I can't pay the debt. I'm unemployed and don't own a home or car. I live with my partner and our 10 month old. He's also unemployed and is supporting all of us using his credit. I don't know what to do and wonder if filing bankruptcy is my only option right now.
10 ANSWERS
Personal Injury Attorney serving White Plains, NY
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Glen A. Kurtis, PC Attorney at Law
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It sounds like bankruptcy is a good option.
Answered on Aug 02nd, 2011 at 8:14 AM
Debtor's Rights Attorney serving Atlanta, GA
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Theodore N. Stapleton, P.C.
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You may qualify for a chapter 7 bankruptcy and discharge your debts including this one. Either way you need to file an answer to the lawsuit just denying the amount before the 30 days runs from receipt of the Complaint.
Answered on Aug 01st, 2011 at 12:53 PM
Elvin Garry Grundy
Two quick points: 1) Never ignore a court summons for debt, and 2) Bankruptcy may be a premature (and more costly) option for many debtors than just answering the lawsuit. Depending on the nature of your debts and current assets, BK may not be the easiest and best avenue to achieve a discharge from a few isolated creditors. Furthermore, you likely have valid defenses to the creditors' suit, and this firm leverages all those defenses and forces the creditors to bargain in good faith. Flexible rates available. Don't delay. Contact me today.
Answered on Jul 31st, 2011 at 9:24 AM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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You can let the judgment be entered since you are currently judgment proof or you can answer and delay entry of the judgment but eventually you will have to pay or file bankruptcy.
Answered on Jul 31st, 2011 at 8:11 AM
You should consult a bankruptcy attorney for advice because it may be your best solution in your case.
Answered on Jul 31st, 2011 at 8:07 AM
Bankruptcy Attorney serving Herndon, VA
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Maureen O'Malley
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You must go to court if it's a summons. Deny responsibility, and make the creditor prove it via your signature on the original contract. I prefer to have people wait to file until they're working, so they can have a true fresh start. And be careful: if a creditor gets a judgment they'll freeze your bank account, so get your money out as soon as a judgment hits.
Answered on Jul 31st, 2011 at 7:03 AM
Glen Edward Ashman
Why did you wait until now to ask? You should have acted weeks ago when you were served. It is unlikely you can get a bankruptcy filed in time now. A bankruptcy, if you qualify, does get rid of the case. See a lawyer on Aug. 1 and while you have limited your options with a delay, that is vital.
Answered on Jul 30th, 2011 at 10:22 AM
judith runyon
This is not a bankruptcy question
Answered on Jul 30th, 2011 at 10:11 AM
Criminal Defense Attorney serving Portland, OR
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Jacob D. Braunstein, Attorney at Law
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You should consult with an attorney to determine whether filing bankruptcy is an available option for you. Our office, as well as many others, offers free consultations.
Answered on Jul 30th, 2011 at 9:54 AM
Samuel Lee Tucker
Really there is nothing you can do, unless you have some defense on the debt. On the other hand - at this time - there is nothing the creditor can do to you. You're not working so no wages to garnish...and you imply you have no property which could be seized, so there is no reason to file a bankruptcy - at this time.
Answered on Jul 30th, 2011 at 9:31 AM