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    debtchallenged Posts: 1, Reputation: 1
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    #1

    Jul 25, 2009, 08:07 PM
    Questions about the Notice of Intend to Defend
    Thank you so much for providing the sample "Notice of Intend to Defend" and "Motion to Vacate" letters.

    I live in Phoenix Arizona and I was served with a Summons and Complaint from Zwicker & Associates (attorneys representing American Express) on July 17, 2009.*

    I am in the process of filling out the two forms provided, and I have the following questions:
    • In the "Notice of Intend to Defend" form, what is the attached memorandum and related documents mentioned in the "and also hereby makes the attached memorandum, including the related documents attached herewith" statement?
    • In the “Motion to Vacate" form could the “court rule #” be the "Rules of Civil Procedure, Rule 4; A.R.S §§ 20-222.28-502, and 28-503" listed in my Summons and Compliant?

    Thank you in advance for whatever time you can are able to spare to answer my questions.

    *I am a single female who is behind with 3 different credit card companies for ~$35,000. I was laid off in 10/2007 and in February of 2008 I moved to Arizona for three reasons: I hoped to receive a kidney transplant (at the time I had been on dialysis for over 6 years), the cost of living was lower, and I hoped it would be easier to find a job in my field.

    In June of 2008 I received a kidney transplant and in November I was able to find a job, but I had to take a $33,000 pay-cut. My current salary doesn't cover my medical bills and anti-rejection medications, much less credit cards. In April of this year I went to Phillips & Associates Law Firm to try and file bankruptcy, but after paying them $990 I was told I made too much money for Chapter 7 and not enough for Chapter 13. To top that off, in June I found out I'm starting to reject my new kidney.

    Any help or information you can provide will be GREATLY APPRECIATED.

    Thank you.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jul 25, 2009, 08:33 PM

    Still trying to find a "defense" what is your reason that you do't owe the money.

    Also you can't "earn to much money" to file, it is your debt to income, so if you don't owe enough money compared to your income, you should be able to just pay the debt.

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