Legal Question in Credit and Debt Law in Michigan
I need help with an "answer to my summons and complaint" for a credit card bill that I owe but CANNOT afford. Any suggestions? Are there any forms I must use? Or do I type up my own letter? I have received help from Greenpath regarding my financial difficulties. they have wrote my budget down on paper that explains my situation. Thanks for your help!
1 Answer from Attorneys
An "Answer" is a pleading - you must answer each numbered paragraph in the Complaint in a particular manner. Writing a letter is not proper. I would suggest searching the net for a self-help book on how to defend credit card or collection lawsuits so that you don't get a default judgment entered against you that is in an amount much higher than you owe, as the lawyers will add on costs, interest, and attorney's fees. If you don't file an Answer and Affirmative Defenses on time, they can get a default judgment and you're essentially screwed. There are court rules (procedural) that must be followed even though you're not a lawyer, and a self-help book would guide you accordingly.
The bottom line is that if you are responsible for the charges, you need to work out a resolution or payment plan. If you had enrolled with Greenpath prior to the lawsuit, you wouldn't have a lawsuit against you, as they negotiate the lower payments & lower interest rate for you. However, Greenpath does not assist with accounts that have already been placed with lawyers and/or have a pending lawsuit.
It is always important to defend a collection lawsuit, even if you did make all the charges, as sometimes they lose the original agreement and/or don't have all of the documentation to prove their claim, and you can have it dismissed, and/or delayed (especially if the account is old and has been transferred to several different companies and/or purchased by someone).
If you have money to retain a lawyer, then please contact me.