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I am being sued by Chase for more than $30,000 plus huge interest because I could not keep up with my credit card payments. How do I file a response, which is apparently due within 30 days of the summons (4/14/10--tomorrow!), or gain an extension of time to file a response? My income is not enough to live on and support my family (which is why I couldn't keep up on my huge debt), but I have property (in CA) in my name (and the name of my estranged husband), both with equity though one is in foreclosure. Is there any way I can protect the property (the home we live in and the inherited property) from being accessed by the credit card companies?
I need some sound advice and don't know where to start. I understand the urgency of trying to avoid the foreclosure but with the summons deadline imminent, I think I have to take action on that first. Thank you very much, I appreciate your time.
Hello Terry:
You can petition the court for an extension but the procedures vary by court and jurisdiction. Call the clerk's office, look on their website, or go down there. Sometime you have to have a reasonable or valid reason such as medical issues or a pre-arranged appointment that cannot reasonably be changed. Other times you can get an extension just to get further records or research. You can also probably get some basic information on how to file the response. It's really impossible for me to tell you how to file the response without knowing the details of your case and being in the jurisdiction it's being filed in. With the larger amount, you may want to consider some attorney assistance. Even on a small scale.
Short of paying or entering into a formal settlement with specific terms, the only possible way to 100% protect your home from liens may be to file bankruptcy. I normally do NOT recommend this and am really not even recommending it in your case, but you should at least explore all options. Look for an attorney that gives a free initial consultation. You do NOT want to have a judgement against you if at all possible so you need to look at all options.
Good luck, I wish I had better options for you.
Regan
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Answers by Expert:
Regan Shinski
Expertise
I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit credit reporting.
Experience
Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports.
Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry.
I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA).
I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage.
In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.
Education/Credentials
BA University of Minnesota
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