Legal Question in Credit and Debt Law in Utah
Summons Reply
I must reply to a summons I was served with a written answer or a judgement by default will be taken against me. This is related to a credit card account that I was not able to make monthly payments on for 9 months while I was out of work. I now have a job, but I am earning a lot less than before & have many bills to deal with.
To prevent this default judgement for now, what format should I use for this written answer? What should I say and/or not say?
1 Answer from Attorneys
Re: Summons Reply
Copy the information from the header of the complaint, but do not list the name-address of the attorney in the upper right hand corner. Place your name and address there. In the box where it says "Complaint" type the word "Answer". Then respond to each of the numbered paragraphs. OR you can file a general denial, admit that you are the defendant and state a general denial for the balance.
Note that you can delay the judgment for a while by contesting the matter. However, there is a filing fee for answering, and the court has the option to add attorney fees for the additional expense unless you have a good defense.
You may want to contact Consumer Credit Counseling or some other similar agency which can help negotiate settlements and payment arrangements. Another option is to file bankruptcy. However, it is always better to avoid bankruptcy if possible. Another option is to make a settlement offer on that debt. Often a company will take a partial payment, 1/2 to 2/3 for immediate payment (if you can borrow or come up with the funds).
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