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    thetoysman's Avatar
    thetoysman Posts: 4, Reputation: 1
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    #1

    Jul 1, 2008, 08:48 AM
    Which Should I Do?
    I just received a summons & after reading through the forums I am wondering which action to take? I know the credit card debt is mine but I don't have the funds to pay any part of it. I live w/my father, I don't pay rent, I have no vehicle or income as of right now & I still have other debts also. I know I need to respond to the summons but do I respond w/an Intent to Defend even though I know its my debt or do I write up a Letter of Intent stating that I am looking into filing bankruptcy?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Jul 1, 2008, 08:54 AM
    File a notice of Intent to Defend. Depending on how old the debt is the plaintiff might have a hard time providing proof of it.
    thetoysman's Avatar
    thetoysman Posts: 4, Reputation: 1
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    #3

    Jul 1, 2008, 09:01 AM
    Is it easier or more difficult for them to provide proof when you applied for it on the internet? I'm just curious, thanks for the advice.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jul 1, 2008, 09:15 AM
    Probably easier.
    thetoysman's Avatar
    thetoysman Posts: 4, Reputation: 1
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    #5

    Jul 1, 2008, 09:25 AM
    If that's the case wouldn't it be better then to state a letter of intent (or is that the same as an Intent to Defend) saying I'm looking into bankruptcy also because of other debts, that way I don't have to appear in court or do I even mention I have other debts?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #6

    Jul 1, 2008, 10:20 AM
    You HAVE to appear in court. As long as you got a summons you have to appear or risk a default judgement entered against you. If you plan on filing, you are better off filing BEFORE your court date.
    thetoysman's Avatar
    thetoysman Posts: 4, Reputation: 1
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    #7

    Jul 1, 2008, 10:31 AM
    Thanks for the help ScottGem, its very much appreciated!

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