Legal Question in Credit and Debt Law in Indiana

If you are served papers and told you had 20 days to submit a letter regarding the "COMPLAINT"...what are they wanting to know and why did they not send a court date for this issue? Also, if you have no lawyer...should you get one for this? It is regarding a credit card. Also, can they take my house or car away to pay this debt if i can't pay it off right now...is that legal?

Asked on 8/04/09, 8:59 am

1 Answer from Attorneys

John Bator Bator Redman & Shive
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The filing of the COMPLAINT starts the lawsuit. In legal terms it opens the issues. The issues are not "closed" until a written response most often an "ANSWER" is filed. Once the issues are closed, the suit moves forward.

IF YOU DO NOT RESPOND WITH THE 20 DAYS FROM THE DATE OF SERVICE, THE COURT CAN ENTER A JUDGEMENT AGAINST YOU WITHOUTEVER HAVING HEARING OR TRIAL.

Once a judgment is entered, they can garnishee wages, attach bank accounts, put a lien on your house and use whatever means allowed by law to collect the judgment.

A consultation with an attorney is highly recommended-many offer free intial consultation-in any event , something must be file dwith the Court before the 20 days expires or you will lose the right to defend. many credit card companies wil allow you to work out a payment plan-contact the attorney who filed the suit and see if they will do so before the 20 days expires

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Answered on 8/04/09, 9:14 am

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