Being Sued for Unpaid Credit Card Debt.
Greetings and thank you for reading my question.
I have read several other post with questions similar to mine however, I wanted to put my exact situation to remove any question as to what I should do.
I have been served a summons and "REQUIRED TO SERVE UPON THE PLAINTIFF'S ATTORNEY A COPY OF AN ANSWER TO THE COMPLAINT WITHIN TWENTY-EIGHTS DAYS AFTER THE SERVICE OF THIS SUMMONS ON YOU..."
I am being sued for an unpaid credit card debt I accrued approximately 3 years ago ("Exhibit A" is a bill with a due date of Nov.17, 2004). Without going into details as to my irresponsible actions ignoring this debt, it suffices to say I was going through some serious family issues at the time and, for the most part, blew off everything in my life including all my debts.
I have reach a point in my life where I am back on my feet, I have an excellent job and I am ready to start repaying this debt and others like it at a reasonable rate. I was contacted several months ago by the law firm pursuing this debt, I told them what I could afford pay them monthly in order to resolve this matter however, they wanted considerably more than I could swing. So, in my infinite wisdom, I blew them off knowing this day would come.
The total amount requested is around $2600 with about $1000 of that being fines and interest. I have read posts that the point of negotiation is pretty much passed and that it is quite possible they will have the power to garnish my wages. Aside from the embarrassment of having my employer know I have outstanding debt and that I am being sued, I live alone and living expenses are considerable where I live for a single adult (I rent, not own a house).
I have several questions:
On the summons it states, "REQUIRED TO SERVE UPON THE PLAINTIFF'S ATTORNEY A COPY OF AN ANSWER TO THE COMPLAINT WITHIN TWENTY-EIGHTS DAYS AFTER THE SERVICE OF THIS SUMMONS ON YOU.." - What exactly do they want an answer to? I am unsure as to how to answer this or what they are looking for.
Also on the summons, "YOUR ANSWER MUST BE FILED WITH THE CLERK OF COURT WITHIN THREE DAYS AFTER THE SERVICE OF A COPY OF THE ANSWER ON THE PLAINTIFF'S ATTORNEY." - Does this mean after I give them an answer to the summons I have 3 days to file that very same answer with the clerk of courts?
I have read several posts stating at this point (where you have officially been served) there is little chance a settlement can be reached, is this true?
I already know the answer to this questions; Should I get a lawyer - Yes. However:
What type of lawyer?
What can a lawyer do for me?
Do I hire one in the city I live or in the city where the Plaintiff is (the law firm)?
Will I end up hiring an attorney and actually end up paying more (the debt + attorney's fee's)?
The summons states 28 days to "answer", is this 28 days from the date stamped on the summons or 28 days from the day I signed for the certified mail?
How will this effect my credit rating, although already pretty bad, I hear this type of mark on my rating will doom me for life (i.e. purchasing a home one day), true?
What are my options?
I realize a lot of these questions are probably beyond the realm of a forum however, I have never been sued and I just want to protect myself as best as possible and I really don't even know where to begin.
I originally began posting this in "Small Claims" forum but, I didn't know if the amount warranted this. So I posted under this forum, please let me know if this is the incorrect place to post this question and I will move it to the proper place.
Thank you in advance for taking the time to read this and I look forward to any useful advise concerning this matter.
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