How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask xavierjd Your Own Question

xavierjd
xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience:  20+ yrs in criminal, landlord/tenant, family, & small claims
Type Your Legal Question Here...
xavierjd is online now
A new question is answered every 9 seconds

How should I respond to a court summons for unpaid credit card

Resolved Question:

How should I respond to a court summons for unpaid credit card debt to Discover Bank?
Submitted: 2 years ago via RocketLawyer.
Category: Legal
Expert:  Brandon M. replied 2 years ago.
Hello there:

Thank you for entrusting me with your question. How much is allegedly owed?
Customer: replied 2 years ago.

$4003

Expert:  Brandon M. replied 2 years ago.
Is it a small claims action?
Customer: replied 2 years ago.
I guess so. The summons is requesting appearance here in the City Court, General Sessions.
Customer: replied 2 years ago.
I do not dispute the debt, I just do not have the ability to pay. I lost my job in May of 2010 and have only recently regained employment at a much lower salary. They are not the only ones who have not been paid since last summer.
Expert:  xavierjd replied 2 years ago.
Thanks for using JustAnswer.com It will be my pleasure to assist you.

When did you receive the Summons and Complaint?
Customer: replied 2 years ago.
9/1
Expert:  xavierjd replied 2 years ago.

Since you have received a Summons and Complaint, you must file a WRITTEN ANSWER to the Complaint

 

  • In Tennessee a written answer must be filed with the court within 30 days from the date the defendant is served with the complaint. A complaint will normally have short paragraphs numbered sequentially stating the facts alleged by the plaintiff. Start your answer with the words to the effect "Comes now the defendant and answers the complaint as follows". Follow by answering separately each paragraph of fact alleged by the plaintiff. Your answers should be "I agree," "I disagree" or "Defendant has insufficient knowledge to agree or disagree as to each paragraph alleged by the plaintiff."

  •  

    Consider any facts or various forms of defenses that might support you as a matter of law. Under Tennessee law, you can raise many defenses at the answer stage, and you should plead any relevant defenses in your answer. The contract alleged by the plaintiff may be illegal and unenforceable. A Statute of Limitations may have expired barring suit. For example, tort actions must be filed within one year of the event under Tennessee law. The court may not have jurisdiction over the parties or the subject matter. Deny liability, and always ask the court to respectfully XXXXX XXXXX complaint. Sign and date your answer.

     

    Serve your written answer on the plaintiff and file the answer with the court clerk in the Tennessee county where the suit was filed within the time frame designated on the court summons. Be sure to have the clerk provide you with an officially stamped copy of the answer for your records designating the actual date filed with the court. A clause in the complaint that you are serving the defendant by U.S. mail on a certain date is usually enough to certify service of your answer on the plaintiff.

     

    You want to file an Answer to the Complaint because if you don't, the Plaintiff can obtain a Default Judgment against you. This means that the court will enter a Judgment for the amount requested in the Complaint.

     

    After you file the Answer, you may wish to contact the attorney who is representing the Plaintiff. Sometimes, the Plaintiff (credit card company) will be willing to settle for a lesser amount than is owed and/or will allow you to enter into payment arrangements.

     

    If possible, you should ask that the attorney allow you to enter into a Settlement Agreement for an agreed upon amount and for a set payment plan. If possible, you should try to keep a Judgment from being entered. That way, your credit may be saved. If you don't comply with the terms of the Settlement Agreement, then the Judgment would enter.

     

    If this doesn't work, then at least try to settle for a lesser amount than is actually owed. This is done on many occasions. But, if the credit card company refuses, then ask to enter into a payment plan. The attorney for the credit card company may agree to the payment plan that you suggest (eg. xxx amount per week, per paycheck or per month). If the attorney won't agree, even if the credit card company obtains a judgment against you, you can still request that the judge enter an Order that allows you to pay a reasonable amount per month to the credit card company. A reasonable amount is based on your income vs your expenses. So long as the judge finds your suggested amount reasonable, s/he will enter an Order allowing you to pay that amount.

    If you fail to come to an agreement with the Plaintiff's attorney, you are entitled to a trial. However, most cases of this type resolve without the necessity of a trial.

     

    I hope you find this information useful and that you PRESS THE GREEN ACCEPT BUTTON so that I can get credit for answering the question. Thank you.

     

    xavierjd, Attorney
    Category: Legal
    Satisfied Customers: 3400
    Experience: 20+ yrs in criminal, landlord/tenant, family, & small claims
    xavierjd and 6 other Legal Specialists are ready to help you

    JustAnswer in the News:

     
     
     
    Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
    JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
    Web sites like justanswer.com/legal
    ...leave nothing to chance.
    Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
    Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
    I will tell you that...the things you have to go through to be an Expert are quite rigorous.
     
     
     

    What Customers are Saying:

     
     
     
    • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
    < Last | Next >
    • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
    • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
    • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
    • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
    • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
    • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
    • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
     
     
     

    Meet The Experts:

     
     
     
    • Tina

      Lawyer

      Satisfied Customers:

      8436
      JD, BBA Over 25 years legal and business experience.
    < Last | Next >
    • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

      Tina

      Lawyer

      Satisfied Customers:

      8436
      JD, BBA Over 25 years legal and business experience.
    • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

      Ely

      Counselor at Law

      Satisfied Customers:

      19941
      Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
    • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

      FiveStarLaw

      Attorney

      Satisfied Customers:

      8189
      25 years of experience helping people like you.
    • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

      JPEsq

      Attorney

      Satisfied Customers:

      2132
      Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
    • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

      Guillermo J. Senmartin, Esq.

      Attorney

      Satisfied Customers:

      110
      7+ years of experience handling various legal matters.
    • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

      Law Educator, Esq.

      Attorney

      Satisfied Customers:

      31621
      JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
    • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

      Dimitry K., Esq.

      Attorney

      Satisfied Customers:

      15975
      Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.