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I received a summons, now what?


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I received a summons yesterday for debt that I owe to BOA, approx. $10,000.00. The summons was left at my house and I don't know what to do next. Should I try to make a payment plan with the lawyer? Is is still possible, or do I have to file the paperwork? If so, what paperwork? I can't afford a lawyer. I can't even pay the bills. Any solid advice out there?

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do you have any defenses? how old is the debt? are you being sued by a collection agency or BoA? If you think you have a case you can try to answer the summons by yourself but i advise getting an attorney. many attorneys will work out a payment plan. $500 is a lot cheaper than $10,000. you can work out a payment plan with them or they can take it to court and get a judgement to garnish your wages and freeze your accounts.

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File an answer, even if it is just a general denial. There should be people at your local courthouse to help you.

As muck as BK should be a last resort, if your take home income all goes toward your living expenses, you may need to consider it.

http://creditboards.com/forums/index.php?showtopic=132612

That link will really help you, but CB is kind of uptight and you will have to register there to see it. Make sure you don't use any of the free e-mail services, either, they're uptight about those, too.

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How old is the debt? When did you last pay on it. Is it BOA suing or a junk debt buyer?

I don't understand why folks always want to settle when they get a summons. They might not have anything proving their case. I also see no reason to rush to bankruptcy. You can file bk after someone wins a judgement against you. Answer the summons. Make them prove their case. Show up.

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