What to do if I received a civil summons over credit card debt but I missed the answer date?

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What to do if I received a civil summons over credit card debt but I missed the answer date?

I received a summons 22 days ago for credit card debt. I had gotten 2 teeth removed only a few hours before I received this summons. I thought that I had more time to answer but I don’t. It says I had 20 days (initially, I thought it was 30); I don’t know what to do. I can’t afford to have my wages garnished. I do not make a lot of money and between rent, utilities and food, I barely have anything left over. What can I possibly do to fix this?

Asked on December 23, 2011 under Bankruptcy Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can make a motion to the court to set aside the default and allow you to answer. Courts have the discretion to do this if there was a good reason or cause for the failure to answer in a timely manner; it may be that having had two teeth removed (so medicated; in pain; other things on your mind) would be found to constitute such excusable neglect. You can contact the court to inquire into how you would procedurally make this motion.


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