Expert: Creditwrench - 7/14/2008

Question
"On Friday, I was presented with a Summons demanding that I provide an answer to the complaint "which is served upon me, within 30 days." (delivered on July 11) I do owe the credit card company, and I have let it go. In fact, I owe a lot of companies, and there is no way I can pay, so I guess I need to declare bankruptcy? However, in the meantime, I want to dispute this amount. It is way more than I have documented, even if I count the interest and lawyer fees. Could my "answer to the complaint" be a request to see the documentation on the credit card bill? I know this will just delay the inevitable, but in the meantime, I would like to discuss my options and see if bankruptcy is the answer, and if so, can you help me or recommend someone who can?"

Answer
I can't help you with bankruptcy and wouldn't even if I could because bankruptcy is a mess you don't even want to think about. You can't afford it in the first place according to what you have posted. It is a long, long way from being free or even a good option had you the 2 to 4 thousand it would cost. And then the question arises whether you can even qualify or not. Maybe you could and maybe you couldn't.

So lets get down to practicality. Your idea to request documentation as your answer isn't practical. That comes in the discovery phase and you need to respond to the complaint first. I'd use a graduated denial as my response. Of course you might also have reason to file motion to dismiss. I would have to see the complaint and know a few more facts before I could tell whether you have cause to do that or not.

And whatever you do you will have to send a copy to the plaintiff's attorney by certified mail return receipt requested.

Bill Bauer
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405-227-9423

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