Received a summons on April 28

[Paula]

I owe Discover card 11,000.00. I received a summons on April 28 and today is May 8. I have a week from Monday to answer it. I don't even know how to go about it. I live in Rhode Island. We had been paying the lawyer money for the past three months but now he wants a judgement. My husband has called him several times to try and settle this and he wants the full amount. I called a couple of lawyers and they want 2000.00. Can I answer this summons myself? and if I do how do I do it??? Can it be possible that I could win? I have settled with other credit cards and my husband is trying to sell some equipment to pay it, but I don't think I have the time to answer the summons and wait for the equipment to sell. Can I ask for an extension and if I do how can I go about it.

[Enigma]

You can answer it yourself. However, since you have been paying the attorney you have reset the statute of limitations. In doing so you lost a valuable defense.

Post the complaint minus your personal information and we will help you. In the alternative you might consider filing Chapter 13 bankruptcy.

[Paula]

I haven't actually signed on with any attorney. I just had two free consultations with different attorneys. One wants 2000.00 for a retainer fee and the other wants 750.00 just to keep this lawyer at bay until we sell our assets.

[Enigma]

Quote:

Originally Posted by Paula I haven't actually signed on with any attorney. I just had two free consultations with different attorneys. One wants 2000.00 for a retainer fee and the other wants 750.00 just to keep this lawyer at bay until we sell our assets.

Before you sell your assets, consult with a bankruptcy attorney. Under Chapter 13 you will still pay your creditors and you may not have to sell all of your assets.

It's worth the consultation.

[jlynn]

Quote:

Originally Posted by Paula I haven't actually signed on with any attorney. I just had two free consultations with different attorneys. One wants 2000.00 for a retainer fee and the other wants 750.00 just to keep this lawyer at bay until we sell our assets.

What Enigma means, that if you have been paying on the debt to the attorney that is now suing you, you have likely restarted the Statute of Limitations.

[Gib]

Quote:

Originally Posted by jlynn What Enigma means, that if you have been paying on the debt to the attorney that is now suing you, you have likely restarted the Statute of Limitations.

Which is why he accepted payments in the first place.

[hannah]

Caution here now. How long ago did you make the last payment on this debt? Did it bring the account current when you did so? When was the last time the account was current and in good standing? If the statute of limitations has already run out, then making a payment matters not. If the SOL hasn't run out, then making the payments likely did restart the SOL. BTW - SOL on open accounts is 10 years in RI. Nasty long.