What to do if served with a summons to court regarding debt but destitute?

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What to do if served with a summons to court regarding debt but destitute?

I was served for non-payment credit card (3 years plus $6730.46). In 20 daysI  must respond but I am unemployed and have no money to even file my answer. I own nothing except furniture and personal belongings live rent free with ex-husband. I get food stamps; no cash assistance. I have osteoarthritis and fibromialgia. I am going to apply again for disability this month. I have a terrible credit score; I have past due medical bills not paid. What do I do in response to summons?

Asked on November 2, 2010 under Bankruptcy Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I know that things must seem overwhelming right now.  But you need to maintain your composure and think things through in your best interest.  First, you must answer the summons and complaint.  It should not cost you anything to answer.  Just go down to the court and the clerk will help you file it.  They can not give you any legal advice but they can help you with the paperwork.  If you do apply for disability I believe it is exempt from a money judgement.  But the judgment will still remain if you can not settle the matter for a sum that you can pay every month.  As for the judgement and medical bills, decide what avenue is best.  You may want to consult with a debt counselor as to filing bankruptcy. Good luck. 


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