Legal Question in Credit and Debt Law in New Mexico

What is an appropriate response for a summons for Money Owed? I would like to establish a repayment plan that is suitable to my current finances (wife had to quit her job due to kids = decrease in income). I'm being sued by a Loan Company for about 19K. I've been served the summons and am ready to admit to the allegations BUT was advised at a PRO SE Seminar if I admit to everything, the judge will HAVE to rule in their favor. If that happens, I was warned they still could come after my wages, which will take a huge hit since I'm the only one working. I'm willing to start repaying this debt but how can I say so in my summons response?


Asked on 1/14/10, 4:45 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

About the only thing you can do is to admit the debt in your response, attach a payment plan, and request that the judge adopt your plan in the final Judgment. You cannot dictate to the loan company how much money they will take, or you would have done so by now. Be aware that the maximum they can take from your wages is 25%, and you may have other exemptions which will be provided to you by the court at the time of your hearing.

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Answered on 1/21/10, 12:30 pm


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