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I Just Got a Summons for a Credit Card Debt. Do I Respond or Just File Bankruptcy? – Janelle

“Dear Lewis,

I was just given a summons but no court date. it was for a credit card debt.

I was out of a job last year and now I have a part time job. I just got married and my husband doesn’t have a job. My question: do I respond to the summons or wait til it gets to court? How do I respond? It says I have 20 days to respond. Also,I have plans on filing bankruptcy but I have been having a hard time saving the money to do this. Thank you for answering.

my question: do I respond to the summons? Wait til it goes to court? How do I respond? Do I just file bankruptcy? Can I claim this on Bankruptcy if I settle in court?

Jenelle”

Dear Jenelle,

This is not an easy answer that any attorney can give you.

Should you appear? Yes, if you want to prevent a default from being entered against you.

I have told countless clients to appear and deny they owe the debt (to delay a default being entered – to give more time to get a bankruptcy filed). But they tend to freeze up in state court and admit they owe the debt and end up on a payment plan to the creditor, and then take forever to get a bankruptcy filed – costing them money they shouldn’t have been paying.

Without knowing what state you live in to know the state court legal process, I have no idea how quickly a creditor can get a judgement and possibly garnish wages, levy assets, etc.

No matter the status of the lawsuit (pre-judgment, post-judgment, garnishment, etc). The bankruptcy filing immediately stops any further action on the lawsuit.

If you need time to save for bankruptcy, I would certainly fight the lawsuit and try to delay the collection for as long as it takes to get the bankruptcy filed.

I Just Got a Summons for a Credit Card Debt. Do I Respond or Just File Bankruptcy?   Janelle My name is Lewis Roberts and I’m an attorney licensed in Florida and Georgia. My practice focus is consumer bankruptcy, real estate issues/closings, and mortgages. I also have Florida real estate broker and mortgage broker licenses. I am a proud member of the National Association of Consumer Bankruptcy Attorneys (NACBA), National Association of Consumer Attorneys (NACA), and a graduate of Max Gardner’s Bankruptcy Boot Camp. I enjoy helping people with decisions that impact their financial well-being.

Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.

If you have a bankruptcy question you’d like to ask just use the online form.

I Just Got a Summons for a Credit Card Debt. Do I Respond or Just File Bankruptcy? - Janelle by

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Florida Consumer Protection Attorney

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