Served with a civil summons for credit card in kentucky

[ttwarrior1]

What is the name of your state? Kentucky

says i have 20 days or it will be default. Same place served me last year for 5 thousand and settled for 4. It was my last dime then. I live with my mom, have no money and own nothing. Absolutely nothing. I stay at home when my mom works to take care of my sick sister. As far as i know i dont qualify for anything to stay home to do this which makes it hard to find a job.

Can i go to jail? they call me everyday at 8 in the morning which sucks and i never answer the phone. NO calls since the summons though. I wrote a letter to them yesterday saying i have nothing. its erin capital from a visa card from new york but the attorney place suing me or whatever is in cincinnatti .

What if i dont file in 20 days or even call. What if i do call and say i have no money?

i can get a part time job in december

 

[Ladynred]

Can i go to jail?

No, debtor's prisons were abolished in this country in the late 1800's.

What if i dont file in 20 days or even call.

Then they will get their default judgment against you and can hound you for years to come, all the while the judgment is accruing interest.

What if i do call and say i have no money?

They won't believe you, they've heard it a million times before and it makes NO difference to them at all. Its not what you have NOW, its what you will have in years to come.

HOw old is the debt, when did you last pay the ORIGINAL creditor ?

 

[ttwarrior1]

im being sued for 4,500. last time i made apayment was 4 years ago i guess. dont remember. I have no money, not even the money for gas to get to the clerks office to file . What am i filing?

 

[Ladynred]

No guessing you need to be sure exactly when you last paid. You need to pull your credit reports and look at the dates on this debt. Everyone in the US is now eligible for a free credit report from all 3 bureaus once a year. Go to www.annualfreecreditreport.com and get yours ASAP. You need to know whether or not this debt is past the statute of limitations (SOL). If it is, how you do your Answer changes a bit. SOL in KY for credit cards is 5 years.

What you are filing is an ANSWER to the COMPLAINT that was served to you. You need to answer each allegation with 'affirm', 'deny' or 'lack sufficient knowledge'. The instructions on what to do and what to send to whom is in the Summons you got.

 

[ttwarrior1]

its 5 years in kentucky. i got the card in 2001 and charged off in 2002 so i have no defense there. I dont want to go to court period even if it means i could win. I live in one of those cities where the entire town goes to court to watch for some reason