[joiabarbara]

Hi. Today I received a summons saying that I'm being sued for a credit card. I do owe the money, but I don't have the money. (If I had it I would have paid them!) So the letter says I have to either respond, resolve the issue, and/or get a lawyer within 35 days of the date on the letter. So I want to know if I respond, what should I say? Should I tell them I know I'm in debt and explain to them that I'm not currently working and I have zero dollars in my bank account? Also should I contact the law firm that the company is using to sue me? Will I still have to go to court if I respond? Will they try to make me pay that whole bill up front ?(I don't have any money!) Will they take my status as a full time student into consideration? This is so overwhelming and I don't want to screw myself over anymore than I've already done. Thanks.

[aaron]

If you fail to answer, they will get a default judgment against you.

If you answer, you can present any defenses you have to the validity of the suit. "I can't pay right now" isn't a valid defense in the eyes of the law.

If they get a judgment, either by default or after court proceedings, they will seek to collect it, for example, by garnishing your wages or bank accounts. They will get an assessment for court costs, and depending upon the terms of your contract may be eligible to request attorney fees in addition to the amount owed on the credit card. The unsatisfied judgment will appear on your credit history.

If you have a great deal of debt, other than exempt debts such as student loans, you should consider consulting a bankruptcy attorney about your situation.