Wednesday, February 19, 2014

I got a summons to answer a credit card debt that was sent to a collection agency. They have hired a local attorney. This debt is part of a...

Question

I got a summons to answer a credit card debt that was sent to a collection agency. They have hired a local attorney.

This debt is part of a debt consolidation that is actively being worked by the consolidation firm and the collection agency. Should I answer the summons- i don't have and can't afford an attorney-- or let the consolidation firm handle it? What is the best way to proceed?



Answer

If you have been sued and received the summons and complaint by personal delivery, you need to answer the lawsuit or they will take a default against you. It is important to have an attorney review the complaint and help you prepare an answer so that you can defend yourself in this case. Generally a consolidation company is not licensed to practice law. You should not depend on them to do anything for you. Often if you read the fine print on your debt consolidation agreement, you will find language advising you that they are not licensed to practice law and that you may get sued on your debts. If you would like our office to review your complaint and help you plan a strategy to defend against the debt, please call Stephanie Coulter of this office at 602 462 1004 to make arrangements for a review. We urge you to contact the law firm which is listed on the Complaint and obtain an extension to answer the lawsuit. Please confirm that extension in writing. Do not rely on a telephone request for an extension.



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