How to respond to Summons

[littlebird]

I received a summons to respond regarding a $3700 credit card bill with Bank of America. I have 20 days to respond. I don't have any way of paying this debt in full - but could do monthly payments, $300 at most. I was terribly ill last year and had to leave work because of it - which is why the debt has reached this point. Luckily, it's the last of my debt. However, how do I respond? It seems scary to put anything in writing that could be used against me.

Please help if you can. The stress is eating me!

[Anonymous]

It sounds like your summons is really a service of suit, and the summons aspect is that you are required to answer the plaintiffs petition and complaint within 20 days.

I highly suggest you seek legal advice.  Generally your local bar association can refer you to an attorney who will do a consult for $20-50 initially.  If you qualified, possibly legal aid.

However, it is important that you do not ignore it.  Otherwise you may end up with a default judgment against you. 

You can contact the attorney of record (will be on the suit and summons) and ask about a payment plan in exchange for them withdrawing the suit or as an agreed settlement if they won't agree to withdraw.

In any case, don't wait, talk to an attorney immediately.  You can make an offer for payments, but you don't want to allow this to become a default judgement.  You can answer the petition/summons yourself if you know what to do, but based upon your question I don't think this is a good idea for you.