What happens after you answer a complaint?

[merime]

I was served a summons or complaint 3 weeks ago. I answered it the very next day. I explained that I had sold everything I could and finally had a part time job. I also said I was willing to arrange a payment plan , but could not afford the court fees of the creditor. I only have my name on a home. I have a checking account that is joint , but only ever has less than $100 in it. I make $9/hr working part time. What can I expect to happen. Thank you for any replies!!

[BKDefender]

If you did not file anything with the court then you didn't actually 'answer' the complaint. You responded to the attorneys that filed the complaint - there is a difference. An answer keeps them from getting a default, a response does not.

You need to file a proper 'Answer' with your court. If you don't know how to do it, check to see if your county or state has a legal aid center and contact them to send you an example answer to a collections lawsuit. As an alternative, you might see if your court's clerk has example forms for you to use.

Here, for debt collection lawsuits, our general answer is to admit the paragraph that says you are a resident of your state and county and that you live at a certain address, but deny just about everything else. That forces the collections attorney to actually prove their case instead of getting a default judgment against you.
If you were served 3 weeks ago, then you need to HURRY UP and get an actual Answer filed with your courthouse. Depending on the jurisdiction, there can be a fee for filing the Answer.

--William

[merime]

Thank you!! Actually I had to send a copy to the court certified mail, so I got that covered. Just wondering what to expect next. I tried debt considilation programs , but they said file for bankrupcy. I cant afford legal council to do so. Also, I was willing to send a doable amount ($5.00), as my paycheck is only $325 every 2 weeks. I was willing to give something, but cc companies only wanted full payment. Thanks for the help!!

[BKDefender]

merime - would you mind emailing me a copy of the answer you sent? Unless your court does something different than most other courts, it still doesn't sound like an answer in terms of what I'm thinking of. Check my profile for contact info. I just want to make sure that you're actually doing something that can keep them from getting a default judgment against you. You'd be surprised at how many times a collections lawsuit has failed to prove either liability or the amount of the debt, and the collections attorney just hopes that the person wouldn't file an answer to try to defend the case so they can get a default judgment.

--William

[jacko]

You're giving your creditor to much info. Just say your unemployed and can't pay right now. You are collection proof. You make to little to be garnished. Turn the ringer off and don't talk to creditors on the phone.

If you owe the debt, you will get a worthless judgement.

I was served a summons or complaint 3 weeks ago. I answered it the very next day. I explained that I had sold everything I could and finally had a part time job. I also said I was willing to arrange a payment plan , but could not afford the court fees of the creditor. I only have my name on a home. I have a checking account that is joint , but only ever has less than $100 in it. I make $9/hr working part time. What can I expect to happen. Thank you for any replies!!