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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 27585
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I was served a summons on a debt that was incurred by my

Customer Question

I was served a summons on a debt that was incurred by my business that was closed down on Dec.31,2013, I am self employed now and just have work when available, Im not able to pay this debt what recourse do I have and how should I reply to this summons
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.

Good morning. I certainly understand the situation and your concern. If you were served with a summons an answer needs to be filed and any defenses to the debt need to be raised. Seeing how they are suing the business/company, you personally can not represent it, so legal counsel would need to be retained. Of course, you can always try and resolve this as well and work out a settlement and payment plan, if you want to avoid going through the whole court process. You shared that you are not able to pay this debt and do not have much income, so you do not want to agree to something which you can not follow through with. If you sit idle and do nothing, they will get a judgment against the company and depending on if you signed and guaranteed for it, may be able to come after you.

Customer: replied 1 year ago.
They are suing me personally not the business even though the credit card was in the business name
Can you tell me how to reply to this summons
Expert:  LegalKnowledge replied 1 year ago.

Thank you. Yes, you can to answer and respond to each allegation in the complaint. You can admit to it, deny it or state that you are without knowledge. The clerk of court may have an answer form for you to fill out and file as well. Moreover, you can raise any defenses which you may have ( i.e. that you do not owe the debt or something of that nature).

Expert:  LegalKnowledge replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!