I was recently served a summons from a lawyers office claiming they represent Chase bank on a $6,300 balance on a closed credit card.

I just started a new business a year ago and went through some really difficult start up months with very limited to negative cash flow resulting in missed payments on my credit card.

The lawyers office called a month ago and threatened me with a lawsuit. I told them I would pay the debt if they would give me a monthly payment option. They wouldn't take any kind of payment option just demanded the $6,300 immediately.

Now the sherrif served me a summons. What should I do? Can I avoid a judgement? How do I go about making out an answer to the complaint I was served and with whom do I file it the county clerk?

karent23

If you can prove hardships a judge will give you more time to pay, but you can't avoid not paying. A judgement will just order you to pay for now(no crime), so I wouldn't worry about that.

I'm assuming a court date has been set? You need to keep track of all conversations of you saying you could pay them in monthly payments but them refusing. Take anything to court that might help you prove your case.

mr.yet

More information is needed, how old is the debt?

ScottGem

If you look in the Bankruptcy and Debt forum, you will find many other similar threads discussing what to do in a case like this.

However, it does appear that this is a valid debt. Unless you can work out a payment plan with them, they will, most likely, get a judgement against you. This means they can attach your salary and personal assets.

Sorry, to be the bearer of bad news, I would suggest consulting an attorney.