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kv8080 · Dec 31, 2009, 09:02 AM

I was served a citation and petition, a default judgment for relief demanded by a Credit Card Company. I need to respond to the citation within 20 days of receipt. I do not have the money to have an attorney file this response.

ScottGem · Dec 31, 2009, 09:10 AM

First, there are dozens of threads here that deal with this same issue. If you spend a little time browsing you will have your answer.

It sounds like the creditor is petitioning for a judgement, not that a judgement has been awarded. A default judgement occurs when the defendant doesn't respond.

What is your defense against the suit?

kv8080 · Dec 31, 2009, 09:14 AM

That is correct, it is just a petition at this point. We don't have a great defense, we just don't have the money to pay at this time.

ScottGem · Dec 31, 2009, 09:26 AM

Inability to pay is not a defense. As I said, this is not an uncommon question so you will find a lot of advice in other threads.

You need to respond with your Intent to Defend. There are examples in other threads. You then send a copy to the plaintiff with your request for verification of the debt.

If you are lucky, they won't be able to produce verification and you can get the case dismissed. If not, they will obtain a judgement. They cannot garnish your salary, but can attach bank accounts or other assets.

this8384 · Dec 31, 2009, 09:27 AM

Originally Posted by kv8080

That is correct, it is just a petition at this point. We don't have a great defense, we just don't have the money to pay at this time.

Then there's really nothing to respond with, unfortunately. You can try to negotiate out of court but if you don't have the money, it won't do any good.

kv8080 · Dec 31, 2009, 09:32 AM

Ok, thanks a bunch, I'll take a look at other threads.