What happen if a credit card company suesyou?

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What happen if a credit card company suesyou?

I was sent a high interest card. However, my mother had a stroke and I used it for expenses. I lost my job, my wife’s father passed away. She asked for a hardship leniency. We never paid and then we moved. Actually we forgot about it until we got a call saying they had tried to serve a summons. We called and the balance was $1,800. They said that they would accept $1,101 but only gave until that afternoon. What can I do to get them to allow monthly payments?

Asked on September 29, 2010 under Bankruptcy Law, Alabama

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can attempt to negotiate a monthly payment plan.  Until you are actually served with the summons and complaint, there is no lawsuit requiring a response. The complaint is the lawsuit.  When you are served with the summons and complaint, you will need to file an answer to the complaint; otherwise you will lose by default.  The answer denies the allegations in the complaint.  If you don't have an attorney, at the law library look for answer to complaint in the index of Pleading and Practice.  This will give you the general format for an answer and will also have examples of specific answers.  You can use the general format to write your answer to the complaint.  At the end of the answer, you will see a verification, which attests to the veracity of the statements in your answer under penalty of perjury.  The verification must be included in your answer to the complaint.  File your answer to the complaint with the court with a proof of service attached.  The proof of service just verifies the date of mailing your answer to the complaint to the opposing attorney.  The proof of service should just say that you are over 18 and the attached document was sent via first class mail unless otherwise indicated to______ (name and address of opposing attorney) on _____ (date).  Sign the proof of service under penalty of perjury.  The date on the proof of service should be the same date you file the answer to the complaint with the court.  Mail a copy of your answer to the complaint with proof of service to the opposing attorney.


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