Legal Question in Credit and Debt Law in California

summons to appear

I was diagnosed with a terminal illness, I was unable to continue paying my credit card, I was always current paying them previously (four years) I have spoken with the card company numerous times. Now I was served a summons to appear. I literally have no money to pay. Do I have any options? Just bankruptcy?

Thank You.


Asked on 12/05/02, 4:41 pm

2 Answers from Attorneys
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: summons to appear

You have to appear, which the law takes to mean file an answer or some other responsive pleading to the complaint, which I assume you were also served. Making an appearance will really slow down the process of collection, and, at least you should do that. During the process, you will be required to have a "Mandatory Settlement Conference" at which time a judge sits down witht he parties and reviews the situation and usually settles the matter. That is what is likely to happen in this case. It seems to me that you have more important matters to concern yourself with. Let an attorney do this for you.

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Answered on 12/07/02, 7:09 pm
Martin Lathrop Russakow, Ryan & Johnson

Re: summons to appear

You should appear and bring as much proof as possible as to your timely payments and your illness. You should be able to attain a fair settlement. If not, you can file for BK.

Good luck to you-Martin

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Answered on 12/05/02, 4:56 pm


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