What to do if I received a civil summons over credit card debt but I missed the answer date?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I received a civil summons over credit card debt but I missed the answer date?
I received a summons 22 days ago for credit card debt. I had gotten 2 teeth removed only a few hours before I received this summons. I thought that I had more time to answer but I don’t. It says I had 20 days (initially, I thought it was 30); I don’t know what to do. I can’t afford to have my wages garnished. I do not make a lot of money and between rent, utilities and food, I barely have anything left over. What can I possibly do to fix this?
Asked on December 23, 2011 under Bankruptcy Law, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You can make a motion to the court to set aside the default and allow you to answer. Courts have the discretion to do this if there was a good reason or cause for the failure to answer in a timely manner; it may be that having had two teeth removed (so medicated; in pain; other things on your mind) would be found to constitute such excusable neglect. You can contact the court to inquire into how you would procedurally make this motion.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.