Recieved Summons

[blondeinmn]

Two days ago a process server showed up at my door with a lawsuit. I am being sued by valentine and kebartas for a home depot, citibank card balance about $11,000.00. I'm in Minnesota where I have twenty days to respond. To do so I have to answer the complaint and file the answer with the court. Fees are $320.00. I'm planning on filing chapter 7 the first week of february 2010 but would prefer not to be hassled before then. If I don't answer the complaint, the collection attorney can get a default judgement 11-23-2009. The judgement has to be in effect for thirty days before they can collect on it. This puts me at about christmas. Which leaves me about six weeks unprotected. I am essentially collection proof. Minimal amounts in checking accounts, minimal vehicle equity and no house equity. I am considering the following options.

1. Do nothing, hmm.
2. Answer the summons, file it with the court, pay the $320.00. I'm reasonably sure this would buy me the time required. Downsides -- spending $320.00. Recieving five more summonses tommorrow which would get expensive to answer them all. Having anything in my answer being construed as possibly being untruthful and coming back to haunt me if possible.
3. Informing the collection attorney that my minimal wages and assets meet exemptions and that I am filing bankruptcy and have retained an attorney(making payments).

My largest concern is that an asset that meets bankruptcy exemptions would be seized by the creditor and it might be expensive and troublesome to deal with it.

Any opinions.

[AngelinaCat]

Two days ago a process server showed up at my door with a lawsuit. I am being sued by valentine and kebartas for a home depot, citibank card balance about $11,000.00. I'm in Minnesota where I have twenty days to respond. To do so I have to answer the complaint and file the answer with the court. Fees are $320.00.

I'm planning on filing chapter 7 the first week of february 2010 but would prefer not to be hassled before then. If I don't answer the complaint, the collection attorney can get a default judgement 11-23-2009.

The judgement has to be in effect for thirty days before they can collect on it. This puts me at about christmas. Which leaves me about six weeks unprotected.

I am essentially collection proof. Minimal amounts in checking accounts, minimal vehicle equity and no house equity. I am considering the following options.

1. Do nothing, hmm.
Not a good plan. Never ever ignore a summons. My opinion, but my 'Hub and I have been on both sides of this issue.

2. Answer the summons.
You NEED to answer the summons. You simply reply to whatever is on that piece of paper. That buys you 20 days. Do not file the answer until about day 18 of the 20 day period. Then the OTHER side has 20 days to answer, and so on. When we answered summons, we did not have to pay those types of court fees. Without more info, I cannot advise further.

I will add that for each 'tit' you do, they have to do 'tat' and take 20 days to answer, then you get to do 'tit' again and have another 20 days. Do you see what I mean? But if you do not answer the summons, the creditor will get the default judgment and then you are toast. Do NOT do that. Take control of the situation.

3. Informing the collection attorney that my minimal wages and assets meet exemptions and that I am filing bankruptcy and have retained an attorney(making payments).
Refer any and all contacts including this summons and any others that might arrive, to the attorney since you are paying this person to represent you.

Comments are colored blue. Good luck to you and welcome to the forum.

[ando]

I just received a certified return receipt letter from a Credit Union for a debt I owe . They sound little rough .threatening either I pay up,or account will be discharged ,and will be hearing from their attorney. Haven't paid since Jan.Does that mean a suit will be followed? Should I respond to this letter?

[AngelinaCatHub]

I believe you can obtain an indigence form that could set aside your filing fees. It is a crime to have to file a response to a complaint that you could perfectly be innocent of. We have no filing fees for answers here in FL. Check into that waiver. Tell them your lawyers name (if you have one) and the plan to file bk7. 'Hub

[blondeinmn]

Talked to my attorney today. He advised answering the summons. Answer must be point by point. Admit to obvious charges (resident of county, name) answer with "insufficient knowledge of charge to either affirm or deny" to all other charges. Answer must be served upon plaintiff then filed with court. When filed with court a filing fee of $320.00 must be paid. But the minnesota rules of civil procedure do not spell out when the answer must be filed, only after service upon plaintiff. My summons doesn't even have a case number nor has the case been filed with the court. This is all quite legal in minnesota. What the collection attorneys do is prepare the summons, serve you and wait the prescribed twenty days. Then they file it with the court along with an affidavit of no answer resulting in a default judgement. My intention is to serve the answer and not file it with the court until the plaintiff has filed their summons. If I can delay this long enough I might be able to avoid paying the $320.00. My guess is the plaintiff will move for summary judgement and a hearing will be scheduled. Based on research on the local courts, that won't happen until February,2010 at the earliest. I plan to file chapter 7 the first week of February, 2010.

[DeadManCrawling]

That $320.00 seems odd to me. In most cases, I think, the filing fee is only paid by the person or company who is filing the suit.

I would be surprised if you have to pay $320.00 to ANSWER a suit to defend yourself.

It could be. I just find it surprising.

[blondeinmn]

$320.00 is the amount. I checked with my attorney and the court and online with the court. Minnesota rules of civil procedure. Whats interesting though is once a summons or answer is served there is no prescribed time limit that one must file the case with the court. A plaintiff will file for default judgement anytime after twenty days if no answer or file along with a motion for summary judgement if an answer was given. A defendent will file after an answer is served if the plaintiff has filed. I cant even file my answer with the court because I dont have a case number and I wont get one until the plaintiff has filed. The answer upon the plaintiff is only to prevent default judgement. Once the plaintiff files and probably motions for summary judgement I need to file my answer and pay the $320.00. Or maybe not. For me it all depends on how fast the plaintiff is.

[Snickers]

Hmmm, interesting how that works in Minnesota. So if you file an answer, they have everything they need to file for judgment. But they are counting on not getting an answer and getting the default judgment in twenty days.

So your answer comes back and your file get stuck on the bottom of the 'do we file?' stack and someone there has to make a decision. Yep, that should delay things a bit.

I love this: "insufficient knowledge of charge to either affirm or deny"
I am sure I will have a chance to use it in the future.