Receiving Court Summons Over Credit Debt

There is nothing worse than the sinking feeling one gets when served court papers. Receiving a summons over a credit debt has the potential to create havoc with your life and income. When you're sued by a creditor, you have little in the way of affirmative defense. It's a matter of mitigating the damage your paycheck is about to take.

Why Did I Get Summoned?

The chances are good that you are being sued for non-payment of your credit debt. When you signed the agreement for the card, you agreed to be held liable for the debt. By not paying your bills, you've caused the creditor to bring suit against you. Do not ignore the summons under any circumstance. You will be better off responding to the suit than if you did not.

What Will Happen In Court?

A lawyer that has been retained by the creditor will move to garnish your wages. It is in your best interest to show up to the court date to minimize the damage that will be done to your income. Don't count on getting the entire amount dismissed in court, even if you've read somewhere that it happens. A debtor has no affirmative defense when it comes to defaulting. This means that the only action you can take is to prove to the judge that anything but a minimum amount taken out will cause a hardship.

What are my Options Afterwards?

There aren't many avenues open after a judgment. You try to can obtain a loan to pay off the balance, but this only works if you've got money in the first place. Chances are you don't because of the original reason for not paying. Deal with the garnishment until it's paid off, or consider bankruptcy.

If you want to get rid of the debt, your only way out is bankruptcy. This may be the best option if your situation has gotten to the point where your credit debt has overwhelmed your ability to pay. All judgments and wage garnishments will stop after creditors have been notified of your filing. Ultimately all of your credit debt will be eliminated forever upon a successful discharge.

Consult a Lawyer When You Receive a Summons

It's important to talk to a lawyer to assist with a summons. There are some actions that can be taken before the court date that may be beneficial to your situation. You can also benefit with having a frank discussion with a lawyer about your options for resolving all of your debt issues.

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