Hey Ladies and Gentleman,
I recieved a summons this morning at 7am from a Chase Bank USA stating that I was being sued for a credit card balance of $13500.00, most of which I did charge. The summons states that I have to respond within 20 days, but no court date is on the summons. I have had this card for about 5 years and always paid on time, currently I took a big pay cut and about 3 months ago I stopped making my payments to all my credit card companys and my car loan company. I currently reside in Florida, I owe a house with my name and my parents name on the mortage. I currently owe more then the house is worth, because I bought it 2 years ago with the market being crazy, but have a homestead exemption on it! I currently make just about what it costs to pay the utilities, so its not like I can make any big payments to them. I dont know how to respond and what I should do and say. I have read through alot of the forums on this site and it seems that you folks are very helpfull to many people. Any help you can give me would be GREAT! Thanks again for even reading my post!

donf

Homestead exemption lowers you tax payment. That's it!


If your income to outgo is way out of whack, and there is no short term expectation of increased revenue, then you could consider a debt counseling firm a Bankruptcy either Chapter 13 (repayment) or Chapter 7, (no repayment) In either Bankruptcy situation, you may be forced to sell the house if there is a significant equity in the property.

Talk to a bankruptcy attorney and listen to his suggestions. I'm not an attorney but what little I do know I garnered from friends going through one.

talaniman

Call them ASAP, and set a payment schedule you can keep. They usually let you cut a deal, but be aware that if you for whatever reason cannot honor that deal, they will come back after you. Bankrupcy is a last resort, and you need a lawyer for that.

George_1950

You need to consult with a local bankruptcy attorney; it is a complicated analysis to review your creditors, assets, and income and budget. You may not have sufficient income to file Chapter 7 and reaffirm the debt on your home; then again, you may.

ScottGem

First, you NEED to respond to the summons. You need to file an Intent to Defend with the court that issued the summons. If you don't they will get a default judgement against you after 20 days.

Second, I do agree that bankruptcy appears to be your best bet out of this hole.

GoingCrazy82

Thanks guys for the advice so far, what does the response to the summons have to say? Also, I am considering sending a letter of discovery. So should I send a response to the summons, then the intent to defend and after that I should sent the letter of discovery? I am not exactly sure what the letters are called...but I just want to make sure I respond to the court summons and then have the credit card company prove the debt. Thanks again guys!

George_1950

What state?

ScottGem

The response to the summons IS your intent to defend. You don't have to specify anything other than your intent to defend and a request for a court date.

You then send a copy of that to the plaintiff with a request for verificiation of the debt.