What is an acceptable answer to a summons?

I was served with a summons by an agency that I believe has purchased my credit card debt from the original company. (on my credit report, it says this debt has been paid and 'Charged Off as Bad Debt.") So, now, it appears that the 3rd party is attempting to sue me for a debt that was $2800, but now has been increased to $3100+350 attorney fees. The summons is requiring me to either file a written appearance, or file an answer to the complaint. I seem to be following directions fairly well, yet I'm not sure what I'm supposed to write as my answer. I'm planning on filing Ch. 7, but am I not supposed to mention this to the court or to the 3rd party? I was going to say that I'm currently unemployed without means of personal transportation, and need to request more time to consider my options. Would this be an acceptable answer? Is wage garnishment a possible threat, and if they know I'm a poor college student, will they still try to pursue judgment?

Hi there.

Here's some advice.

1) Call the clerk of the court where the summons originated. On your summons there should be a file number. It should be quite evident what it is. Ask the clerk if this file number is accurate and if it is indeed a true and proper summons that you have received. Generally, summons are served by the sheriff or a process server. Summons sent by certified mail/returned receipt are also acceptable, but not as reliable. If you received in the regular mail and did not have to sign for it, then you were improperly served. It might be best to go down to the court house in person, show them the documents to see if they are valid. Another person who answered this question said it's probably nothing but don't take that chance.

2) If the Clerk of the Court tells you it is a valid summons, then you have to file an answer within the time allotted. If you need more time, ask the Clerk if you can file a motion for an extension to plead (or answer). Typically, you're allowed to do this. In my state, you get 30 days to answer and another 30 days extension if you request it. In NC, you have to file a motion to do this, but it is generally considered an uncontested motion. The court will accept it and will assume that the person suing you has no objections. The court will probably fry any lawyer who objects to your extension request.

3) TAKE NOTE: When you file any motion with the clerk of the court, you must send a copy of this motion to the person suing you along with a certificate of service. A certificate of service is just a simple phrase that says "I have served my motion on the opposing side by first class mail" You then sign and date it and include it with your motion to the court and the copy you send to the plaintiff.

4) Telling the court you're poor is not a defense and is not an acceptable answer. Your answer must affirm, deny or deny because of no information (this is a gradual denial - it's basically like an I'm not sure) each statement made in the complaint attached to the summons. You must also then cite affirmative defenses that might apply to your case. Some defenses might be: lack of debtor/credit relationship, failure to state a claim, laches, statute of limitations, etc. You can read more about affirmative defenses on Wikipedia or in a good law book.

5) If you can file for Chapter 7 and can do so before the answer is due to the court, then this will create an automatic stay. An automatic stay stops all proceedings in court against you while the bankruptcy court considers your petition. The person suing you can then ask for your case to be exempted from the stay, but this is rare and almost never granted unless the person suing you can prove fraud or something substantial. Once your petition is accepted and bankruptcy entered, the debt goes away and so does the lawsuit.

6) Wage garnishment is valid in almost every state except PA, TX and NC that I know of. If you live in any of those states, they can't take your wages.

7) Most debt collectors use lawsuits as a way of scaring you into paying. If you can play their game and go along for the legal ride they are taking you on, they might just give up.

A good book to read is this one:
Represent Yourself In Court: How to Prepare & Try a Winning Case

And also:
Solve Your Money Troubles: Get Debt Collectors Off Your Back & Regain Financial Freedom

Both are published by NOLO and are probably available from a local library or your college library. The second book has sample answers and how to respond.

Good luck!

You need to consult an attorney asap only they will know how to handle your defense. If you do nothing then they will place a judgment on you and they can garnish your wages.

First you need to determine if this is a true summons.
Does it have a case number? Have you called your court house to see if there is anything with your name on it? I would first do these things and not ignore it.
Go to www.creditboards.com
This is a great web site ran by people who been there, done that.

You need an attorney.......

If someone dressed in a uniform rung your doorbell and handed you a paper its a summon. If it shows a plaintiff and defendant (your name) its a summons. If you can't make it to the hearing then reply in writing. If you don't respond a judgement will be entered against you. Note: You can always ask the judge and plaintiff for a payment plan.I've been there!