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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Recently I received a Summons and Complaint from a credit card

Resolved Question:

Recently I received a Summons and Complaint from a credit card company. I owed them $500.00 now they’re stating that I owe $15000. The server left the summons and complaint on my next door neighbors gate. I need to answer this complaint, but I’m not sure what to say. I would like to pay them back, a little at a time. I’m in college and I have a part time job.

What should I say in the answer.
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 6 years ago.
Hi ZenZen,
If the court believes that the summons and complaint were left on the neighbor's door, the complaint has to be dismissed because of improper service. So the Answer should state that Service was improper. It should also state that you do not owe the amount of money the creditor is asking for.
When you do to court, the creditor will most likely be willing to arrange for a payment plan for you, if you agree to drop the "Improper Service" defense. This may make sense, because if the case is dismissed, the creditor will be allowed to file another one.
Lastly, if you cannot come to a workable payment plan with the creditor, and if the creditor gets a judgment, you can consider filing a Bankruptcy.
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