I need some help/advice.

[MsMess]

I received a Summons... one of my credit cards is suing me. I was going to file bankruptcy, but can't come up with the money - times are tough right now. I haven't worked in 2 months due to being ill, and my work has not paid me for the time out. Prior to that, I missed a lot of work off/on due to issues which caused me not to have enough - and I began drowning in debt. I finaly gave up because it was either stop paying them, or be homeless and have no food.

Anyways! The thing is, I've heard when you're being sued you can request exemption. Does anyone know anything about this, or know where I can find information specific to my situation? I tried looking through the posts, but can't find anything that make a lot of sense to me. I need to write a response to them ASAP, or they automatically win. Times are hard enough as is, if they garnish me I'll be homeless.

Someone please help!

[AngelinaCatHub]

Dear "MsMess":

Welcome here to those who have come before you.

First of all, attempt to avoid a Judgment. Show up as I'm not sure where you are but a response usually means you must show at a hearing. Attempt to ask for a full accounting of what you owe, or if you do not think you owe all, state so. This will buy some time.

If you have no money, (oxymoron coming) purchase the C7 book from Nolo Press (nolopress.com) for about 17 bucks downloaded in pdf format. It has a lot to offer and all the forms.

Go pro se, meaning you are representing yourself without counsel. It is a bit tougher, but read ALL the "stickies" on these threads. There is a wealth of information here.

You may be able to fill out forms at the Federal Court House as indigent that will wave your filling fees.

The importance of this is now time. Do all now and either stall the suit, or stop it if you can file soon.

Best I can do for you now as I do not know all your history. Like, how many days to respond? 'Hub

[MsMess]

I believe I have until October 10th.
The paper says:

"You have been sued by the above named Plaintiff(s), and you are directed to file a written answer to the attached petition and order in the court at the above address within thirty-five days after service of this summons upon you exclusive of the day of service. Within the same time, a copy of your answer much be delivered or mailed to the attorney for the plaintiff. Unless you answer the petition within the time stated judgement with be rendered against you with costs of the action"

I was served 9/5/2009 - which was a Saturday. Due to my illness, I'm just now able to look it over and try to figure out what to do.

To me, it sounds like they want me to write something and send it to the court (judge?), and to the plaintiff's attorney. However they don't have an address listed for the judge - only the attorney's is on the papers.

It's all confusing to me.

[AngelinaCatHub]

I believe I have until October 10th.
The paper says:

"You have been sued by the above named Plaintiff(s), and you are directed to file a written answer to the attached petition and order in the court at the above address within thirty-five days after service of this summons upon you exclusive of the day of service. Within the same time, a copy of your answer much be delivered or mailed to the attorney for the plaintiff. Unless you answer the petition within the time stated judgement with be rendered against you with costs of the action"

I was served 9/5/2009 - which was a Saturday. Due to my illness, I'm just now able to look it over and try to figure out what to do.

To me, it sounds like they want me to write something and send it to the court (judge?), and to the plaintiff's attorney. However they don't have an address listed for the judge - only the attorney's is on the papers.

It's all confusing to me.

On the document, you will have a court case number. This is good and you can make your letter to the Court. Make sure you green card the letter and the copy to the apposing lawyer. Send one to the Courthouse and the lawyer is all that there is to do now. You have plenty of time. If there IS NO case number, contact the Courthouse to see if this is not a ruse. You will be fine as even the Judgment can be discharged in your bk. 'Hub