What to do if I just received a summons on my door that I’m being sued by a credit card company and I’m about to file for bankruptcy?

UPDATED: Jan 10, 2013

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What to do if I just received a summons on my door that I’m being sued by a credit card company and I’m about to file for bankruptcy?

The summons does not have a date to appear in court but does ask for an answer. I am about to file for bankruptcy. I am not sure how to reply to this with an answer? Also, why was there not a court date on the summons?

Asked on January 10, 2013 under Bankruptcy Law, Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ordinarily when one is served with a summons and complaint there is no court date stated unless the matter is small claims court. Typically one has thirty (30) days from service of such to get an answer filed with the court.

Given your intent to file for bankruptcy protection, I would write the credit card company's attorney about your intent while keeping a copy of what you wrote and plan on getting your bankruptcy petition filed within the thirty (30) day time period to answer the summons and complaint.

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