Sued by CC company, options?

[dsmguy]

I live in Iowa.

I was recently served by the sheriff's office regarding a credit card debt. The amount listed on this notice is around $7,000, and I am not sure what the original debt amount was.

The front page states that I must "serve a motion or answer within 20 days" "... if you do not, judgment by default may be rendered against you". I guess my question is simply: What _exactly_ does that mean? Do I need an attorney just to "answer"? I'm assuming that my contacting the attorney's office to "answer" will not prevent a default judgement.

What should I be doing now? I do not have the cash right now to pay off the entire debt at once.

If the original debt is valid, should I just do nothing and let a default judgement be entered? Or is there some benefit to hiring an attorney?

I guess I'm just confused about what I'm supposed to be doing at this point. I honestly expected this stack of papers to include a hearing date or something.

Thanks in advance.

P.S. Are there any procedural things that can be done that would require them to serve me again?

[nrknlknek]

If possible, I would reommend retaining counsel on this. However, you have the right to file your answer pro se (without a lawyer). But, the real issue is your apparant inability to pay the debt or even suggest a compromise as in terming the debt out with the creditor. That would be far preferable to a judgment. Once they have a judgment against you, they can garnish your wages up to the IA stautory limits and also execute on any bank accounts, brokerage accounts etc. They can even send the Sheriff out to attach personal items of value that are non-exempt, so the judgment collection process can be pretty painful.

[blove29]

You need to file two forms, one of each to the plaintiff and one to the courts. They need to be a 'notice of appearance' and an 'answer' both sent by certified mail.

The answer is a bit tricky to write without an attorney. The easiest way to write an 'answer' is a general denial of all claims. Which means you are denying the entire suit that is filed against you.

That will cover your ass so a judgment isnt filed against you. And then just cross your fingers that the cc bank never takes you to court. Its alot of time and money for the bank, so odds are good that nothing will ever happen.

The banks just expect a default judgement because 90% of people do not respond to papers being served. Then it makes it a easy slam dunk for the CC bank.

[BLITZEN7777]

You can generally get the right forms online through the courts website or from the clerk of the court in person. In mine, I filed the answer and was able to just mail the answer to the other party, and got a "proof of mailing" from the USPS, sometimes though they have to be served by a process servor, depends on where you are. If you don't file an answer, they'll get a judgement by default; and then they can do wage garnishments, attach funds in your bank accounts, etc... It really is worth the time to file an answer, because as others have said, most people don't bother and the companies get a default judgement. If you do a search for "answer or denial of summary judgement" you'll get some links of what to put in your answer. Also, deny all allegations, state that their statements are "hearsay" as they must be proven by testimony from a person having first hand knowledge of the alledged facts, and only items "being certified as true and correct" are admisable in a court of law. Good luck, but make sure you file an answer; most cases like these are not able to be continued.

[Country Living]

How long has it been since you made a payment on the card?

[dsmguy]

Thanks for the responses. I guess I was looking for a simple form that I could modify and send, but I now realize it isn't that simple.

I have hired an attorney and he has already filed an answer. From the sounds of it, the bank will be happy with a couple hundred bucks a month instead of pursuing the judgement.

So for now I think we're set. Thanks again.