Should I call the attorneywho is representing a credit debt and discuss a settlement before I file my answer to the summons?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Should I call the attorneywho is representing a credit debt and discuss a settlement before I file my answer to the summons?
I am being sued for a past debt that I cannot afford to pay. I am willing to try and work out a settlement for this debt. It is the last one that I have since my wife and I split.
Asked on February 9, 2012 under Bankruptcy Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It would be advisable to file an answer to the complaint (the complaint is the lawsuit attached to the summons) because if you don't file your answer to the complaint and serve it by mail on the opposing attorney by the time specified in the summons, the opposing party will file a default. Judgment by default means you will have lost the case. If that happens, you will need to file a motion to set aside the default. If the judge grants your motion, the case will then be back on track and litigation will continue.
You can always try to settle the case, but if you are unable to settle it and miss the deadline, judgment by default will be entered. To avoid the possibility of a default judgment being filed and then having to file a motion to set aside the default which the judge may or may not grant, it would be advisable to file the answer to the complaint especially if the deadline is rapidly approaching.
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.