Legal Question in Credit and Debt Law in Indiana

Summons

I received summons for $3200 credit card my daughter had in my name. My husband is on soc sec and I dont work. We cannot pay this. I have 20 days to respond. I dont want to get my daughter in trouble for fraud, but all these charges (Credit card) were made in Texas, I have always lived in Indiana. Can I use this as my defense without getting her in trouble? Also, can my husbands soc sec be garnished? Can my checking account be frozen if a judgement in rendered? Can I file a continuance? How long would that give me? My daughter is willing to make payments or pay a lump sum if we can get a few months continuance. How do I answer to the summons? Please help! I do not know what to do next.


Asked on 10/31/06, 12:07 pm

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Summons

If this is a small claims court case, you can go to the court and obtain assistance to file an answer. If this is a superior court case, then you have to file an answer more or less in proper form. Basically, you DENY ALL ALLEGATIONS OF THE COMPLAINT, assuming you really did not apply for that credit card. You won't have to put the evidence in about your daughter's fraud until time for trial. That should give her about two months to straighten everything out. Don't worry about getting her in trouble; she got herself in trouble, and she's spreading it around. Social Security cannot be garnished. Your bank account could be attached, after a judgment, but you could probably file a claim of exemption on that, too. You can file a REQUEST FOR ENLARGEMENT OF TIME in which to answer. Go to the nearest law library to find the proper form to use. The State House in Indianapolis, which is open business hours Monday - Friday, has the Supreme Court law library, which you can use to make copies of such forms. Make sure you serve everything on the plaintiff's lawyer and file a proof of service. Good luck. And just remember, it's your daughter who should be in a sweat, not you.

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Answered on 10/31/06, 5:49 pm


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