Q: Sears Citibank recovery associates left letter on my door,letter says they are suing me idk whst to do?/debt claim case
Basically the letter says i have 14 days to file an answer to the court,i dont have money for an attorney,so im so lost im a sigle parent,what should my answer be to the court?can i still talk to citybank about removing the lawsuit?and pay the debt on small payments?its says a default jUdgement will be taken agaisnt me if i dont answer with 14 days what does that mean?its says my total credit account balance due to plaintiff by defendant on the account is $6,171 .i dont have money to pay this i live by the day salary.whats the cheapest way to get out of this problem ?and what should i do next i have never had a lawsuit agaisnt me i need the most information i can get help me please?i feel stuck in a hole with this problem.what should i do is thwre any pro bono legal advice or attorneys :( what should i do about these portfolio recovery associates suing me.what kind of letter response would be the best and to them or the judge?i dont know what explanation or response to use to defend me
A:
It's not clear exactly what you've received. You're describing it as a letter, but based on the method of service and the notice that you are to respond to the court, it sounds like a summons and complaint, which would mean that a lawsuit has already been filed.
Default judgment means that if you don't respond within the time allowed, the court can enter a judgment against you. The practical effect of that is similar to if you had gone to court and lost--the creditor gets a judgment against you for the amount they've requested.
The best way to respond depends on a number of factors, including whether or not you agree with the amount they claim that you owe, whether you have any assets that may be in jeopardy if they obtain a judgment against you and whether you have other significant debts which might warrant considering bankruptcy.
You really should consider talking to an attorney in your area--it may turn out to be much more expensive to try to handle this on your own without the necessary knowledge. If you truly can't afford even a consultation, try calling your local bar association and/or legal aid office to find out whether they can refer you to a pro bono attorney.
*David Levin is the Partner in charge of UpRight Law's consumer rights litigation department. UpRight Law is a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is licensed in Illinois, Ohio and West Virginia, as well as several United States District Courts. He has 22 years of litigation experience, the last 18 of which have been focused on consumer rights litigation. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
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