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Debts and Credit
I received a summons yesterday regarding a credit card with an unpaid balance of approximately $3300.00. Currently I do not h...

I received a summons yesterday regarding a credit card with an unpaid balance of approximately $3300.00. Currently I do not h...

Full question:

I received a summons yesterday regarding a credit card with an unpaid balance of approximately $3300.00. Currently I do not have the funds to pay this amount. Can I negotiate a payment schedule with the attorney for the credit card company? I need to respond in writing. What should I say? Do I need to explain why I have not paid the bill? At this time this would be a major hardship for me financially; can I express that in my letter? What would happen if I did nothing?

Category: Debts and Credit
Date: 04/07/2025
State: Massachusetts

Answer:

A complaint is a general statement of the plaintiff’s claim. The complaint describes the actions that led to a claim for money damages. Service of process involves attaching a copy of the complaint to a summons which is served on the defendant. The summons generally explains to the defendant that he is being sued; the name of the court in which he is being sued; when the defendant must file an answer; and the fact that a default judgment will be entered if no answer is filed. A default judgment for failure to answer is a judgment just like there had been a trial.

You may negotiate with the attorney for the plaintiff. However, you need to file some sort of response to the complaint. You might consider filing a Motion such as the following form on the USLF Website:

US-00832BG Simple Motion Requesting Additional Time to Respond to a Civil Complaint

If you cannot afford an attorney at this time please go to the following website:
http://www.daveramsey.com

Up in right hand column, click on “Financial Counseling.” Then click on “Find a Counselor” in the left hand column. Fill in the information requested for the name of a financial counselor near you.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How do you negotiate a debt settlement after a summons?

To negotiate a debt settlement after receiving a summons, first respond to the summons in writing to avoid a default judgment. Contact the attorney for the credit card company to discuss your financial situation. Be honest about your inability to pay the full amount and propose a reasonable payment plan. Document your communication and keep records of any agreements made. It's advisable to get any settlement offer in writing to protect yourself legally.

How to defend against a credit card lawsuit?

To defend against a credit card lawsuit, file a written response to the summons by the deadline. In your response, you can challenge the validity of the debt, dispute the amount owed, or assert any defenses you may have. Consider seeking legal advice or assistance from a financial counselor to help you formulate a strong defense. Ignoring the lawsuit can result in a default judgment against you.

What happens if a credit card company sues you and you can't pay?

If a credit card company sues you and you can't pay, you should still respond to the lawsuit to avoid a default judgment. You can negotiate a payment plan with the creditor or their attorney. If you fail to respond, the court may issue a judgment against you, allowing the creditor to collect through wage garnishments or bank levies. It's important to communicate your financial hardship during negotiations.

What happens if someone sues you and you have no money?

If someone sues you and you have no money, it's crucial to respond to the lawsuit to avoid a default judgment. You can explain your financial situation in your response and may be able to negotiate a payment plan or settlement. If you cannot pay the judgment, the creditor may seek to garnish your wages or place a lien on your property, but they cannot take your essential assets.

Is it better to settle a debt or go to court?

Settling a debt is often better than going to court, as it can save time, money, and stress. A settlement allows you to negotiate a lower amount to pay, often in installments, which can be more manageable. Going to court can lead to a judgment against you, resulting in wage garnishments or other collection actions. Weigh your options carefully and consider your financial situation before deciding.

What happens if you don't pay a credit card lawsuit?

If you don't pay a credit card lawsuit, and fail to respond, the court may issue a default judgment against you. This means the creditor can pursue collection actions, such as garnishing your wages or placing liens on your property. It's important to respond to the lawsuit even if you cannot pay, as this gives you a chance to negotiate or present your case.