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    Jonricks's Avatar
    Jonricks Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Aug 20, 2009, 11:02 PM
    Summons for Credit Card Debt - Now 120 days late
    I just received a summons for a credit card debt (Capitol One, $1750) that was placed under my door, I didn't physically receive it from a person. The dates on it though go back to April 2009 and was signed by the lawyer on March 17th 2009. It says to respond within 30 days etc. I guess the reason I didn't ever receive it was because I've moved from the previous address, so I guess they now know where I live. Anyway, its now been like what, 120 days since this was issued? What are my options here? I've been planning on filling bankruptcy but cannot afford the class I am required to take before I file. I am jobless, I have a couple of outstanding tickets and other important debt I need to take care of and this is just another wrench thrown at me. Any advice on what I can do? If I do file bankruptcy, can I claim this debt? When I do get a job, will my wages be garnished? Thanks-
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Aug 21, 2009, 05:57 AM

    First the response is 30 days from service, not issue. So yes you need to respond with a statement of your Intent to Defend against the suit.

    Second, you then send a copy of that response to the plaintiff with a request for verification of the debt and their right to collect on it.

    The court will set a hearing date. You show up and, if they can produce the documents necessary, they will win a judgment. If not, you ask the court to dismiss.

    If they win a judgment, there is probably little they can do about it now, since you have no income or assets. But they can bide their time and if you do get a job or accumulate assets, they can attach them.

    If you do file for bankruptcy, you may be able to get the debt discharged.
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