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Credit Card Debt When Bankruptcy Is Not Option, Legal Notice Received

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  • 04-29-2008, 06:29 PM
    Ilana
    Credit Card Debt When Bankruptcy Is Not Option, Legal Notice Received
    My question involves collection proceedings in the State of: Massachusetts

    Hi there -

    I had a few credit cards and have debt amounting to $40K. The statute of limitations runs out in 2 years. I am in my late 20s and lost my job for a few years and had medical emergencies which led to indebtedness. I can't file for bankruptcy as I am a canadian citizen and looking to attend a graduate program, the private loans for which are given under the condition of no bankruptcy. I work part-time and earned $8k last year. I received a court summons and don't know what to do. How do I reply to it? They threatened to get a judgement against me if I didn't reply. I am an honest person and had I had the money there is nothing I'd like more than to pay the amount but I am in no position to do pay right now. Please advice. Thanks.
  • 05-01-2008, 04:54 AM
    LawResearcherMissy
    Re: Credit Card Debt When Bankruptcy Is Not Option, Legal Notice Received
    Typically, there are questions included in the summons. Respond to them truthfully, then show up for court on the appointed day (take an attorney!) and answer the questions posed in court.

    When they see how little you earn, it's likely they won't even bother trying to garnish your wages.
  • 05-01-2008, 08:58 AM
    Ilana
    Re: Credit Card Debt When Bankruptcy Is Not Option, Legal Notice Received
    Quote:

    Quoting LawResearcherMissy
    View Post
    Typically, there are questions included in the summons. Respond to them truthfully, then show up for court on the appointed day (take an attorney!) and answer the questions posed in court.

    When they see how little you earn, it's likely they won't even bother trying to garnish your wages.

    Hi - this is a good suggestion. Thank you.
    There are no questions. They've just asked to reply. The note also says I don't need to go to court, just reply within 20 days of receiving the summons. I also won't be able to afford an attorney so welcome any additional guidance. Thanks!
  • 05-01-2008, 03:01 PM
    Betty3
    Re: Credit Card Debt When Bankruptcy Is Not Option, Legal Notice Received
    Are you sure there aren't instructions on the summons/complaint as to how to reply - there usually are.

    These are JUST EXAMPLES of some replies/answers (your reply may very well be different) -- the SOL has expired (though seems it hasn't in your case), I do not owe the debt, the debt is not mine .......(tell them why you haven't paid)

    Be sure to reply within the time limit allowed or they will get a default judgment against you.
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