Legal Question in Credit and Debt Law in California
Summons for credit card
I received a summons for a defaulted credit card in september, I only have few days left to respond and am unsure of what to write to the court. I have spoke to an attorney and they advised me to file bankruptcy but will not help on the suit until I can afford a retainer, which won't be for a couple of weeks and I need to reply now. So do I tell the court I plan on filing bankruptcy or do I tell them something else. Also if I tell them I am planning on filing bankruptcy will it mees up the bankruptcy? I need help Please as I am very confused on all of this. Thank you
1 Answer from Attorneys
Re: Summons for credit card
If you're not planning to file for bankruptcy fairly soon, you might want to file and serve by mail an answer to the complaint to avoid default. You can find the form for Answer - Contract on the Judicial Council website at http://www.courtinfo.ca.gov/forms. However, you should also plead affirmative defenses.
When you file a bankruptcy, it will stop all collection efforts against you, including the lawsuit. If the lawsuit first turns into a judgment, a bankruptcy discharge will, in essence, wipe out the judgment. However, time is important because you don't want the bank to obtain a judgment and then execute against your wages or your bank account.
If you are, in fact, filing a bankruptcy, you need not tell the court or plaintiff's attorney anything until you do so. You just file it when you're ready.
Feel free to contact me directly if you need further information.
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