[sslupin3]

Hello, I was recently given a Court Summons for my wife to appear from Capital One(I was the one home at the time). The amount is $4700 with interest added in. These cards were used probably over 3 years ago, and due to a bad string of luck, including unemployment, were never paid. The questions I have are1)Is it still binding if I was given the summons and not her?(2)What would happen if we did not show up and was given a default?(3)Would it be a good idea to hire a lawyer and declare bankrupcy(we did have a cleared bankrupcy in 1998)?(4)What other course of action could we take? We both have a steady income, but we barely pay the bills and have a little left over. I live in the state of Florida. Any advice would be helpful. Thanks.

[aaron]

It's hard to imagine a circumstance where two employed adults would be justified in filing for bankruptcy over a $4,700 debt.

Typically a summons can be served on an adult resident of a home. If your wife get defaulted, there will be a judgment against her in the amount claimed by the creditor. If you and she have a total debt load you cannot manage, then you should consider consulting a bankruptcy lawyer.