I need help responding to a summons please

[Majakat]

discover card -

I have 20 days to file a response, I would rather push back the court date until at least I can get a tax return back and pay my property tax, then file-

There are 2 parts - Breach of contract and unjust gain - I am quietly freaking out - trying not to let the anxiety overtake me, I am a student, i have no job(student, but wil be working after spring semester) and an upside down house, but my husband works - they have my old maiden name and do not list him in the summons but list 'john doe oldlastname' - we are in a community property state and he was not an applicant, but I know they can go after him when they find him

we have one join acct which i am going to close asap

I have looked at alot of samples but I do not know how to pick what is right for me, any insight would be welcomed - goal is to push this back for a while, I will eventually be filing BK

[SunshineGal]

Hi Majakat,

Don't freak out, the worst that can happen is they get a judgment which will be discharged in the BK. So take a deep breath, do some research, and then type up your answer. Start with researching Nevada Civil Law regarding "Breach of Contract" claims. Once you know Nevada specifics, you can file your answer with the courts.

Here are a few links I found very helpful!

http://www.creditinfocenter.com/legal/account-stated-vs-contract-defenses.shtml

http://caveatemptorblog.com/how-not-to-defend-a-debt-collection-lawsuit/

http://www.*************************...bt-collectors/

http://www.debt-consolidation-credit-repair-service.com/forums/forumdisplay.php?f=177

SG

[bladerunner]

re: Majakat. I'm in Nevada also. Defaulted on 3 credit cards over a year ago. I'm a 99er, with no job, no bank account, and our house in in foreclosure, basically judgement proof. I had a processor bang on my door last Sunday late, I didn't answer the door. My husband's name is not on the credit cards, doesn't matter though because his credit is shot with the foreclosure. Call legal aid center today at, 702 386-1070 leave a message for the consumer law attorney. They will help you with any summons. Good luck with your studies...