summons

Hello,
My wife received a summons on her creditcard
My kidneysfailing and I haven't been able to work. what would my next course of action be? Contimplating bancruptcy for her as many of our assets are in my name. is there another way to combat the summons? Help in Ohio.

Dear mm:
Sorry to hear about your health problems. When you say your wife "received a summons on her creditcard", do you mean she is being sued by that creditor for non-payment? If so, your wife MUST file and serve an Answer to that Summons/Complaint. If she doesn't, the plaintiff will probably get a default judgment against her, which puts the assets at risk. I don't know what state you're in, so I don't know how long she has to answer that Summons. Take a look at the Summons itself; it should say how many days her Answer is due (in most jurisdictions its 20-30 days). Although there is no law saying a defendant HAS to hire an attorney, it is difficult for non-attorneys to wend their way through the legal system. So your wife should at least consult with an attorney, even if she doesn't hire one. As for bankruptcy, you have a couple of options. Chapter 7 bankruptcy discharges most debt (except that debt which is non-dischargeable). And Chapter 13 bankruptcy reorganizes the debt. This results in only one monthly payment (to the trustee) and the monthly payment is usually lower than the total of the present payments. If you want to find out more about bankruptcy, you may want to get a general background without incurring attorney fees. Go to your local bookstore, go the law section, and take a look at one of those "do it yourself" bankruptcy books. They'll give you a general background; some will even walk you through the steps. However, if you elect to file a Chapter 13 bankruptcy, I strongly recommend you at least consult with an attorney first; they can be tricky. Best of luck to you and your wife, mm.
cdcard

Thank you for the quick reply. What should the answer state to the summons? Our intentions for paying the bill or reasons we are behind and does the answer need to be sent certified mail. Should a lawyer type up the answer to the summons. We have 28 days in ohio to answer about 2 weeks left.

Thanks again,
mm