Legal Question in Credit and Debt Law in Minnesota

I got a summons about some credit card debt from Capital One and I can't afford the filing fee to answer the summons. I dont want to not respond but dont have the money to do so. Do I have any options. I dont want my wages garnished as I barely make enough to cover household expenses now. I do work full time.

Asked on 1/20/13, 5:48 pm

2 Answers from Attorneys

David Anderson Anderson Business Law LLC

Send Answer to P's atty

No charge for that

If you need to file later you can apply for waiver of fee if income below certain level

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Answered on 1/20/13, 8:02 pm

Sam Calvert Calvert Law Office

Assuming you are in Minnesota state District Court (not Conciliation Court) you can answer the complaint without actually filing it with the court.

I would guess that most cases in Minnesota state District Court are started with a summons and complaint, and answered, and some time spent in discovery before anything is filed with the court.

Your answer has to deny the allegations of the complaint, not just say that you are broke.

Non-bankruptcy alternatives include Consumer Credit Counseling through, for example, the Village or Lutheran Social Services or Family Means, and include simply settling with the creditor for a discounted amount.

Bankruptcy alternatives include chapter 7 and chapter 13.

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Answered on 1/21/13, 9:01 am

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