Legal Question in Credit and Debt Law in Kentucky

I have recieved a civil summons and live in Louisville, kentucky. It is in regards to $2700. that I owe to a credit card that I defaulted payments on. I have 20 days to respond, but what do I say in my response. I am more than willing and able at this time to make payments and want to work this out but I'm not sure what they are expecting in the letter.

Asked on 2/25/11, 10:08 am

1 Answer from Attorneys

Andrea Welker Welker Law Office

Your answer will go through each numbered paragraph of the complaint and say Defendant admits the allegations contained in the paragraph, denies the allegations, or has insufficient knowledge to admit or deny and therefore denies. You need to certify you've sent the original to the court and a copy to plaintiff's counsel.

Contact Plaintiff's counsel and see if they will cut you a deal. If you own no property, and if you don't have any wages to garnish, they'll be more than willing to cut you a deal, because they know their judgment is worthless otherwise. If you can pay a lump sum, you can probably shave that amount down. Make a low-ball offer to settle, then see if they'll come back with a counter-offer.

Otherwise, if you know you have no defense to the suit, that's what you owe, you don't have to file an answer. If you don't file a response, they'll just get a default judgment against you, and they'll seek to collect through a lien or garnishment. If you do file a response, they'll file a motion for summary judgment against you, and again, will seek to enforce the judgment. Sometimes you can beat summary judgment if the Plaintiff doesn't have its ducks in a row, i.e. doesn't have a copy of your signed credit application, etc. But not everyone is that lucky!

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Answered on 2/27/11, 5:00 pm

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