Have Been Summoned to Court

Apr 07, 2011

Summoned to Court
by: Debtcollectionanswers.com

Being sued is always stressful. I hope my advice and information will help make you a little less frightened.

First, given your financial situation, it sounds like you are probably "judgment proof." That means that if you lose the lawsuit and the court orders you to pay a certain amount of money, you have nothing that the plaintiff in the lawsuit (the company that sued you) could take in order to collect on the judgment against you. So, although there will be a judgment in your credit history, which will harm your FICO score, there will be no other consequences.

Even so, do not ignore the summons! Read it carefully and note by what date it says you must file a response. Then write a response explaining why you cannot afford to pay the debt and follow the directions in the summons about where to send your response.

If you want an attorney's help writing your response, contact a Legal Aid Office in your area or call your state or local Bar Association and ask it it to refer you to an attorney who can help you for little or no money.

I also recommend that you set up an appointment with a bankruptcy attorney immediately. (Your first appointment will be free.) The attorney will review your finances and tell you whether are a good candidate for bankruptcy. Not only will bankruptcy help you get rid of debt, but it will also stop the lawsuit from moving forward. Click here a FREE consultation with a bankruptcy attorney.

If you do not file for bankruptcy before the date of your hearing (That date will be indicated on the Summons), be sure to show up for the hearing. If you don't, the judge will automatically give the company that sued you a judgment against you without your having had an opportunity to explain why you've not paid your bill. Also, in some states when people who do not show up in court they may be arrested.

Bottom line, even though you are scared, it's important not to ignore the summons or the court date and it's important to consult with an attorney right away. There is help for you but you need to seek it out by following my advice. Good luck!

Have Been Summoned to Court

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Have Been Summoned to Court