Legal Question in Credit and Debt Law in Kentucky

foreclosure but not behind

Hi i was served with a civill summons

we had been behind on our

payments but got caught up the

middle of last month and today 2/4/9

was served with this summons

saying my lender is wanting full

payment what are my options

Asked on 2/05/09, 12:38 am

1 Answer from Attorneys

Thomas McAdam Thomas A. McAdam, III, Attorney

Re: foreclosure but not behind

It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case. Several questions are presented:

1. What were the specific terms of your written agreement with the lender?

2. Did your agreement have what is known as an "accelleration clause?"

3. Is your loan secured (as a mortgage) or unsecured (as credit cards)?

It is virtually impossible for an attorney to advise you of your rights and obligations under the terms of a written contract, without having an opportunity to review that contract.

IMPORTANT: Time is of the essence when you have been served with a summons. Ordinarily, you have only 20 days to file a written answer to the complaint attached to the summons; with copies to the court and the lender's attorney. Failure to respond in time can result in a default judgment being entered against you, for the amount of the debt, interest, court costs, and attorney fees.


You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

Good luck!

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Answered on 2/05/09, 7:06 pm

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