Legal Question in Credit and Debt Law in Wisconsin
I recieved a summons from a debt from capital one..for 4,089.. I dont know what to put in my answer?..I cannot afford to have my wages garnished, nor afford a lawyer, I make minimum wage, and live barely paycheck to paycheck, some days I dont even eat!..I live in Wisconsin
1 Answer from Attorneys
You really need to retain a lawyer if you are serious about fighting this lawsuit, since attempting to do it yourself will likely result in an early judgment against you. Judgment allows the creditor to immediately garnishee up to 25% of your income, unless you successfully claim a poverty exemption (for which you need to be more or less eligible for public aid). Since credit card collection lawsuits are usually unsecured obligations, you also may be eligible for bankruptcy relief. Many attorneys offer discounts for lower income people with simple cases, so a bankruptcy could actually end up being cheaper than defending the lawsuit. Bankruptcy also enables you to deal with any creditors in addition to this one at the same time. An answer is a legal document setting forth your position on the legal issue presented in the complaint. Poverty is not such a valid legal defense and is alone insufficient to dispute the complaint. Only legally sufficient defenses (such as not really owing the money) will create a dispute in court and allow you to avoid a default judgment. However, even a valid answer is only a very temporary solution, since the next step will be either a trial or summary judgment motion, which you will usually lose unless you first file bankruptcy. My comments here are not legal advice, nor do they create an attorney client relationship between us. However, you always more than welcome to contact my office in Racine to discuss any additional questions which you may have or to set up a free consultation.