I received a summons to appear in court.

Chase bank usa n.a.
Plantifff
Vs

"ME"
Defendant

The letter states that i have 20 days to write a response to the court.
I was self employed and cannot work anymore because of back injury and cannot pay my chase account anymore. I owe ---- $10,135.53 ----

Question 1: what should i respond in the letter?
Question 2: when i go what is the judge going to say or do?
Question 3: is there any way to avoid appearing in court?

***thanks for whoever is going to write me and help!

What is your source of income? Since it is the original creditor, and not a JDB, all they need is to show the agreement you signed with them to prove you owe the money. The only way to avoid going to court is to work out a payment agreement with them, otherwise they will win a judgement, and even if you can't pay the judgement now, in many states, they can renew it, so they can go after you for a very long time, possibly the rest of your life.


Your state has a statute of limitations, but that doesn't apply to court judgements. When was your last payment? If it has been past the SOL, you can use that as a defense. And 20 days is how long you have to get the reply to the summons back to the court, so considering mailing time, you actually have less, unless you return it by going directly to the courthouse itself. Go to Statute of limitations on debt collection (http://www.fair-debt-collection.com/statue-limitations.html) and first see what the SOL is for open-ended accounts in your state.

You might also want to send a letter to Chase asking them for verification of the debt, but being that they are the original creditor, I'm quite sure they will produce it easily. I see no option for you except working out something with Chase. If you allow it to go to court, the amount will be higher, and if they win a judgment, interest will be attached, and the amount will grow and grow, until you pay it.

Before anyone can advise you further, see if you are past the SOL. Considering that Chase is sueing, and didn't charge-off or assign the debt, I sort've doubt it. But please check and post back what you find.

First of all, get an attorney as soon as you can.
Did you sign a return receipt or person-to-person notice that the bank now has proof that you actually received the notice?