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Should I file an answer...Credit card debt summons

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nattka

New member
What is the name of your state? Utah
Hi, I was served yesterday for credit card debt, which I've been unable to pay, because of a chronic illness. I have no income, as I'm unable to work. My mother gives me a small amount to live on. I'm wondering if I should file an answer. I agree with the judgement, but I'm unable to pay.
 


Taxing Matters

Overtaxed Member
You can file an answer, but if you have no defense to the debt the creditor will get a judgment against you anyway. If you have no income and no assets there isn't really anything the creditor can do to collect.
 

nattka

New member
Thank you SO much for answering! If I understand correctly, I'll get a judgement if I file an answer or not? Or will it cause more problems if I file an answer? Or I'm just screwed either way Lol.
 

Taxing Matters

Overtaxed Member
Thank you SO much for answering! If I understand correctly, I'll get a judgement if I file an answer or not? Or will it cause more problems if I file an answer? Or I'm just screwed either way Lol.
If you don't dispute that you owe the debt and don't dispute the amount of the debt owed then your answer would effectively concede that the creditor is entitled to the judgment it seeks. If you don't file an answer, you default and the creditor gets the judgment it is seeking. The result in either case is the same: you end up with a judgment against you for the amount the creditor is seeking.

If you dispute anything that the creditor is asking for then filing an answer is important because that will allow you to fight the creditor on the points you dispute. If you don't file an answer you lose that opportunity.
 

Zigner

Senior Member, Non-Attorney
When was the last activity on the credit card and when did you last make a payment?
It's probably too late now, but have you tried communicating with the folks who are suing you?
 

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