How do I deal with a summons from a creditor? Will I need to file bankruptcy? Is there any legal recourse?

UPDATED: Jun 5, 2009

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How do I deal with a summons from a creditor? Will I need to file bankruptcy? Is there any legal recourse?

I was just served papers saying I have a lawsuit filed against me and 20 calender days to respond. The last letter I received stated that it went to a collections agency and they were planning on settling for a lower amount. On the summons it has the original debtor and states that the account is still open. I had not received a statement for months. I have worked with this creditor in the past and have had no issues.

Asked on June 5, 2009 under Bankruptcy Law, Florida


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Well, this time the creditor is tired of dealing with it and wants to exercise its right under the law.  So, your options are:

1. Contact the creditor and see if it was willing to drop the suit if you pay it off immediately.

2. Get a lawyer -- try

3. Try to represent yourself.

You cannot simply shirk your responsibilities by filing bankruptcy.  In terms of what you need to do or should do, call a lawyer.  Again, try and check his or her record at the Florida State Bar.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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