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dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5156
Experience:  37 plus years of experience specializing in bankruptcy law
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Hello,I have been chronically ill under several physicians

Customer Question

Hello,I have been chronically ill under several physician's care since 2005 and have been acute on chronically ill since Fall 2009 - only able to work sporadically. I am pending temporary disability answer from DDS in next few weeks or so. As such, I have been unable to make my monthly payments to my credit card company and have recently received a "writ of summons"/sued by the company for the total debt. I am still ill, but recovering very slowly from recent organ failure and need more time to find a pro bono lawyer for legal advice. What is the best way to answer? - requesting more time to prepare under my circumstances.Thank you in advance!
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  dylatess replied 5 years ago.
Over 33 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions. Your first step is to call the attorney listed on the summons and explain to him your medical issues and request a 60 day or so extension to answer. Regardless of his response, call your local legal aid office for assistance. And if there is a law school near where you reside, call them as most law schools operate free legal clinics that are supervised by attorneys and they can respond and may even represent you. I wish you a speedy recovery.

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Customer: replied 5 years ago.
Don't I also need to file an answer to this summons within the time allotted? Having the request in writing to both the circuit court and plaintiff's lawyer?
Thank you
Expert:  dylatess replied 5 years ago.
YOu do have to file within the specififed time unless the oppossing counsel agrees in writing to give you an extension. And that date becomes the date when you have to file a response. And this is routinely given by attorneys in your circumstance. So call first and then look for a pro bono attorney or legal assitance.

Customer: replied 5 years ago.
Thank you. Last question please: On the "Writ of Summons" it states 30 days to reply. Is it from the date of issue or date/day of "service" - when I actually received it in my hand?
Again thank you.
Expert:  dylatess replied 5 years ago.
Date of service. the clock starts ticking from the date you received the summons.

dylatess and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you very much. I appreciate your time and expertise.
Expert:  dylatess replied 5 years ago.
You are very welcome.

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