I have been served a summons by first class mail of a lawsuit against me by an asset collection agency on behalf of a credit card company. The asset company has purchased the debt,in an amount just over $1000. My question is how do I proceed as I have never been sued before. I currently am unemployed, and money has been extremely tight for years. I am aware that hiring a lawyer is probably the best option, but I am not sure I can afford one. The summons mentions that I have21 days to file a written answer with the court. If I am currently undergoing hardship how do I respond, and to which court as the court of origin is not the court issuing the summons. I would appreciate any help in this matter, or information would be appreciated.

The way you can respond to a summons varies by state and county, you need to research the requirements in your location. You can try to work out a settlement or offer in compromise with the Collection Agency before the trial date, but they are not obligated to accept.

You may be able to get an order of garnishment, which would allow the court to order regular payments be deducted from your salary, the amount of which will depend on how much money you are making. If you have no job, then other ways of securing the debt include liens on property.

You need to find out what method is appropriate to respond to the court because it is possible if you do not respond in the approved method within the date specified, the court could rule completely in the Agency's favor.


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Originally Posted by sancho30

I... to which court as the court of origin is not the court issuing the summons. ...

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Please explain further. You would file your answer or other response with the court issuing the summons.