Expert: Apex Credit Services, LLC - 5/17/2008

Question
Today I was given a summons informing me I was being sued for $1,101.04 by Capital One. It doesn't have a court date but tells me file a written response in 21 days. I have a few questions. I'm 19 years old, in college and broke. This debt is from about 2 years ago and I just forgot about it, when I went away for school. I have no clue about being sued or how to deal with this. I'm aware I have to file a written response to the courts, but what is a written response? Also , would you advise that I call the creditor that suing me? Offer them some money and agree to make payments? If offering them some money now is a good idea, do they usually accept less then half the debt to put the lawsuit on hold? I can't afford an lawyer and for a $1000 debt I'll be paying more for the lawyer then the lawsuit.

I have go to court I read that my credit will be very damaged for 10 years. And being an college student, I already have students I have to take care of. Any advice will be a great help. Thank you in advice.

Answer
Kenya:

   We will answer the questions in the order you presented them:

   1)  You must file either a general appearance, special appearance, or motion for disposition or clarification.  

   A general appearance is made by filing an Answer.  You would make general denials or state that you have insufficient knowledge as to some of the plaintiff's claims.  There are many websites where you can find boilerplates.  I would suggest http://www.creditnet.com and http://infinitecredit.com

   A special appeareance is essentially inapplicable here.

   You may consider filing a Motion for a More Definite Statement if the Court permits it.  You would need to check the local rules.  This Motion essentially asks the plaintiff what they're claiming and how they came to such an amount.  In addition, look at what they put on as evidence of their claim.  If it's an affidavit, make sure it complies with your state code.

   2)  If there evidence is strong and you do not want to deal with this in court then, yes, call their counsel and make an offer.  It is impossible to tell what they may or may not accept.

   3)   An "unpaid" judgment can stay on your report in perpetuity.  A paid judgment can stay for ten years past the date of payment.

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