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 Loren Your Own Question
Loren, Attorney
Category: Legal
Satisfied Customers: 34018
Experience:  30 years experience representing clients.
Type Your Legal Question Here...
Loren is online now
A new question is answered every 9 seconds

I received a summons from a credit card company suing me and

Customer Question

I received a summons from a credit card company suing me and Im not sure how to respond. i live in Minnesota
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Minnestoa
JA: Has anything been filed or reported?
Customer: it has no date on the summons but it says the county and no file number
JA: Anything else you want the lawyer to know before I connect you?
Customer: Im on long term disability and have little income
Submitted: 8 months ago.
Category: Legal
Expert:  Loren replied 8 months ago.

I am Loren, a licensed attorney, and my goal is to answer your question and provide you excellent service.

Expert:  Loren replied 8 months ago.

If it has no file number then it may not yet be filed. Is there a case number ***** the summons?

Customer: replied 8 months ago.
Thanks Loren. Im trying to not file bankruptcy, but now I received this summons and I don't know how to respond. I have just enough income to cover my house payment and household bills, etc currently.
Customer: replied 8 months ago.
no court file no is listed
Expert:  Loren replied 8 months ago.

There has to be a case number ***** on the complaint and summons. It may not yet be filed, in which case, there is nothing to do.

As your first step, call the clerk of the court to see if a case has actually been filed.

If it has then filed then you can file an answer and appearance.

The answer is just going one by one through the factual allegations in the complaint and admitting, denying or neither admitting or denying, but demanding strict proof, of each allegation.

Expert:  Loren replied 8 months ago.

Then you file the appearance and answer with the court and it will be placed on the court call.

Customer: replied 8 months ago.
but it says I have to respond in 20 days otherwise I lose the case
Expert:  Loren replied 8 months ago.

Yes, you must file the answer and appearance within 20 days.

Customer: replied 8 months ago.
I just send a letter saying I agree with the summons and want to pay the amount but I cant afford a $300/month payment? Im confused?
Expert:  Loren replied 8 months ago.

No, you file an appearance (a form you get from the court) and an answer to the complaint. Then, after those have been filed and sent to the plaintiff's attorney, you contact the attorney to see if they want to settle the claim and enter into negotiations.

Customer: replied 8 months ago.
ok, so I call the court clerk and get the answer form and go from there
Expert:  Loren replied 8 months ago.

Only the appearance is form. The answer is something you need to draft.

Here is a link you may find helpful in drafting the answer: