JEWELZ20
Mar 15, 2007, 10:36 AM
Hi there, my boyfriend received a court summons for an upaid credit card debt of 2500 plus interest. We tried to make a payment years ago but they refused because we could not pay in full-like $50 a month. On the summons paper it says for us to get a lawyer and we need to respond within 30 days. But it doesn't have a court date on the paper only the Lawfirms phone and address. What can happen to him if he does not appear in court? And do we need a lawyer? How do we know when the court date is? Thank you for your help
Julie Frelich
ScottGem
Mar 15, 2007, 11:33 AM
The summons is SUGGESTING you get a lawyer not that you need one. This is a preliminary notice that a suit has been entered against him. That's why no court date. Its also probably telling you you have file a Motion to Defend. If you don't do that within 30 days then a default judgement will be entered against him. So do that. Once you file that motion a court date will be set.
Your defense will be that you try to pay but they wouldn't accept what he could afford. Unfortunately, that's a pretty weak defense. If they can show proof of the debt, they will likely get a judgement. If they do they can garnish his salary and/or attach his bank accounts.