What to do if I received papers to appear in court for a credit card I was unable to pay back?

UPDATED: Sep 5, 2012

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What to do if I received papers to appear in court for a credit card I was unable to pay back?

I had a semi truck that had a lot of mechanical problems that cost me a lot of money and I had to use several credit cards to pay for repairs. The payments got so high every month I couldn’t keep up with the payments. This is the first one to take me to court.

Asked on September 5, 2012 under Bankruptcy Law, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to file an Answer within the time indicated on the summons or you will lose by default (like forfeiting a ball game). Of course, if you truly owe the money (did not pay what you owed), you will ultimately lose anyway...therefore, you may wish to file an Answer, to buy time, then see if you can't negotiate a payment plan you could live with. Another alternative, if you owe far more money in total (not just this credit card issuer, but for all your debts) than you can pay, would be to file bankruptcy; if you want to explore that option, you should meet with an attorney specializing in bankruptcy, to see if it's the right option for you.

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 AttorneyPages.com 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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