Should I call the attorneywho is representing a credit debt and discuss a settlement before I file my answer to the summons?

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Should I call the attorneywho is representing a credit debt and discuss a settlement before I file my answer to the summons?

I am being sued for a past debt that I cannot afford to pay. I am willing to try and work out a settlement for this debt. It is the last one that I have since my wife and I split.

Asked on February 9, 2012 under Bankruptcy Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It would be advisable to file an answer to the complaint (the complaint is the lawsuit attached to the summons) because if you don't file your answer to the complaint and serve it by mail on the opposing attorney by the time specified in the summons, the opposing party will file a default.  Judgment by default means you will have lost the case.  If that happens, you will need to file a motion to set aside the default.  If the judge grants your motion, the case will then be back on track and litigation will continue.

You can always try to settle the case, but if you are unable to settle it and miss the deadline, judgment by default will be entered.  To avoid the possibility of a default judgment being filed and then having to file a motion to set aside the default which the judge may or may not grant, it would be advisable to file the answer to the complaint especially if the deadline is rapidly approaching.

 


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