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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16721
Experience:  Experienced Licensed Attorney
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Im a Massachusetts resident andI was served a summons on July

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I'm a Massachusetts resident andI was served a summons on July 9, 2012 with 20 days to respond. I ignored it. This regards a $20,000 credit card debt that was charged off by Capital One in 2008.
I had a conversation with an employee Lustig, Glaser and Wilson (debt collectors) on Monday July 30 about wanting to prevent any court proceedings. I agreed to pay $1000 yesterday which I did not. They also wanted me to sign a document admitting that the debt is mine.
Yesterday, I received a copy of the plaintiff's request for Entry of Default. If I'm able to file an answer before Default Judgment is entered, will it hold up if it's past the 20 days?

I have few assets (no home, no vehicle) and was considering filing Chapter 7 bankruptcy as an alternative. I'm thinking the best thing to do now is to pay them $1000 in order to stall court proceedings.

Does this make sense?
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about your unfortunate situation.

Unfortunately, it is unlikely that payment of a $1,000 would stall proceedings, unless this is a full settlement of this debt?
Customer: replied 5 years ago.
Hi Alex.
Thanks for the help. When I spoke with them on Monday, I agreed to pay $1500 yesterday and $1000 in one month. They agreed to stall proceedings. The total debt is $25000. I have minimal income....less than $12000 annually. I conceivable could be paying on this for yrs. I'm 57. As I mentioned, the bank has already charged off the debt.
Is is possible to file an answer to the complaint (and have it be valid) even though the 20 day response time has elapsed?
Thank you for your follow up.

Did the court already entered defaults against you?
Customer: replied 5 years ago.
I'm planning to find that out when they open this morning. Yesterday I received a copy of the letter to the court clerk requesting Default Judgment. It was dated Monday, July 30.
Thank you for your follow up.

If the defaults were not entered against you, you can file an answer, even beyond the 20 days time, however if the defaults were already entered against you, but the default judgment was not issued, you would need to file a motion to vacate court's defaults along with your answer to the complaint and the judge will review the motion and in most cases the courts are liberal to allow defendant to answer complaints, as long as there was not default judgment granted yet.
Customer: replied 5 years ago.
Thanks. That helps clarify for me. I have hope. :)
If the default judgment was issued.....from what I've researched....I'm up the paddle?
Deal Rick,

Thank you for your follow up.

Even if the default judgment is entered, you can file a motion to set aside default judgment and defaults and ask the court to allow you to respond to the lawsuit with your answer.

As long as the motion to set aside default is timely filed and you can show the court some excusable neglect related to your failure to file an answer timely, you would have a fair chance of getting a default judgment set aside.
Customer: replied 5 years ago.
Dear Alex,

Thanks for your help. At least now I have a plan of action. Much appreciation.
Thank you and please click on 3 or more stars so I can be compensated for my time and efforts.

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