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Mercado & Hartung, PLLC | Christopher J. Mercado
Yes, if you don't they will get a default jmt against you and proceed with collection through garnishment if that's available in your state .
Answer Applies to: Washington
Replied: 9/21/2011
Heupel Law | Kevin Heupel
You are under no legal obligation to respond. However, a judgment will enter against you if you do not appear and the creditor will then be allowed to garnish your wages and bank account.
Answer Applies to: Colorado
Replied: 9/19/2011
Dan Wilson Bankruptcy | Dan Wilson
If you do not respond the creditor will get a default judgment and turn that into a garnishment order. He will garnish your bank account or paycheck or both.
Answer Applies to: Colorado
Replied: 9/12/2011
Eranthe Law Firm | Cate Eranthe
You should respond within the 30 days otherwise the agency doesn't need to prove what you owe them. They will ask for and quickly get a default judgment if you don't participate. A judgment is good for 7 years and can then be renewed for another 7 years forever. Get help from your local legal aid society.
Answer Applies to: California
Replied: 9/9/2011
Law Office of John C. Farrell, Jr. | John C. Farrell, Jr.
You have the right to file an answer in response to the complaint. You can and should deny any claims that are not 100% true or verifiable. This possibly includes the amount owed. Additionally, if there was any violation of your rights as a consumer by way of harassing calls or verbal threats then you may consider a counterclaim against the creditor.
Answer Applies to: Massachusetts
Replied: 9/9/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
If you don't respond to a court summons and default judgment is rendered against you, it can result in a lien against your property, levy against your bank account and garnishment of wages.
Answer Applies to: Indiana
Replied: 9/9/2011
The Barger Law Firm | Jason W. Barger
Hello, I'm sorry to hear you have been sued. To answer your question, YES, you need to respond to the lawsuit. If you ignore the suit, the creditor will obtain a default judgment against you. Once they obtain the judgment, they have the legal right to look for property to take, including a garnishment of your bank accounts.
Answer Applies to: Texas
Replied: 9/8/2011
G. Anthony Yuthas & Assoc. | Tony Yuthas
If you don't respond, there will probably be a default judgment filed against you.
Answer Applies to: Colorado
Replied: 9/8/2011
Holmes Law Offices | Martin M. Holmes
If you have a court order you must comply with the court order. A " summons" is either issued by the court, ordering you to appear in court. You indicted that yours came from a collection agency. Typically a lawsuit is started with a " summons and complaint. And directs that you answer the complaint within 21 days ( 28 if served by mail) . The Defendant answers the complaint by filing a written answer with the court within the time frame and serving a copy of the answer on the Plaintiffs attorney. The answer must comply with applicable court rules, respond to each allegation in the complaint and raise such affirmative defenses as might apply. You should not delay and should consult an attorney to determine what defenses might apply and make sure that they are raised. If you as the Defendant do not do that the Plaintiff is entitled to a default and can ask the court for a Default judgment. Filing of a bankruptcy before the judgment enters will stop that process. Again you should not delay in consulting a qualified attorney so that you can determine how best to proceed
Answer Applies to: Michigan
Replied: 9/8/2011
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
You cannot disregard a court order.
Answer Applies to: California
Replied: 9/8/2011
Paul Stuber, Attorney at Law | Paul Stuber
If you do not respond with an answer to a summons or file a bankruptcy prior to the 30 days limit they will get a judgement against you as a default.
Answer Applies to: Colorado
Replied: 9/8/2011
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
if you don't own a home, there is little risk. If you age being sued now might be the time to file for bankruptcy.
Answer Applies to: California
Replied: 9/8/2011
The Law Offices of Kristy Qiu | Mengjun Qiu
If you don't go and the judge gets pissed off he/she might hold you in contempt of court. If you go, the result would be the same, they'll issue a judgment against you. When you don't pay for credit cards, you don't really have a good defense on your side. Although bankruptcy will wipe it off for sure.
Answer Applies to: Florida
Replied: 9/8/2011
Bird & VanDyke, Inc. | David VanDyke
You should do something. At some point, assuming you owe the money, the creditor will obtain a judgment and attach wages, levy bank accounts etc. Your options are file bk or pay the money. Responding will slow the process but ultimately they will obtain a judgment.
Answer Applies to: California
Replied: 9/8/2011
Harry Marsh, Attorney At Law | Harry Marsh
Yes. Or have an attorney respond
Answer Applies to: North Carolina
Replied: 9/8/2011
Law Office of Michael Johnson | Michael Johnson
You may need to respond or defend the action. You should consult an attorney
Answer Applies to: Florida
Replied: 9/8/2011
The Law Offices of Katie M. Stone | Katie M. Stone
It is always a good idea to answer a summons so that you do not receive a default judgment (a judgment entered in favor of the Plaintiff based on the fact that you did not answer in time). Once they receive a judgment, they can file for a writ of garnishment and potentially garnish your wages. They can also attach the judgment by way of a lien to your real (land or houses) or personal (all other) property. In Florida, they cannot attach a lien to your homestead property (the house you own and live in full time if it is your homestead). I would suggest that you speak to either a civil litigation attorney regarding your summons or a bankruptcy attorney about your rights in bankruptcy and how that process could protect you from this pending lawsuit. Most attorney's will offer a free initial consultation. I hope you found this answer useful.
Answer Applies to: Florida
Replied: 9/8/2011
Law Offices of James Wingfield | James Wingfield
Typically in Massachusetts, you will have 20 days (not 30) to file a written answer to a lawsuit. If you fail to file a written answer that admits or denies the allegations line by line (as alleged in the Complaint), and set out your defenses, you will lose your right to defend the action and a judgment will enter against you on all counts as alleged. Your failure to file a timely response, therefore, acts as an admission of to each of their allegation. With a judgment in hand, the creditor can take a number of actions against you, including attaching real estate in your name, seizing your car and/or garnishing your wages. In many cases, they will simply set down a payment review in which the Court will press you to determine how you will pay the debt. If you do not show up for a Court ordered hearing, the Court will likely issue a civil arrest warrant.
Answer Applies to: Massachusetts
Replied: 9/8/2011
The Grundy Law Firm, PLLC | Elvin Grundy
Never ignore a court summons. Everyday, Arizona courts enter default judgments against families and businesses for failing to answer debt collector lawsuits. No matter how much debt you owe or how frivolous the collector's claim, you are far from helpless against the scorched-earth tactics of debt collectors. You may even have valid defenses and equally viable counterclaims against the debt collector that may translate into money damages owed to you at the end of the lawsuit. Do not delay. Contact an attorney today.
Answer Applies to: Arizona
Replied: 9/8/2011
Carballo Law Offices | Tony E. Carballo
You need to answer the complaint timely or the court will issue a judgment and then the creditor will take your wages, money in bank accounts, put a lien on your real estate and drag you into court for an examination of debtor to answer questions under penalty of perjury and provide copies of taxes, bank statements, etc. (and if you don't go you can be arrested for contempt of court!). Bankruptcy may be an option if you are eligible so talk to a bankruptcy attorney immediately.
Answer Applies to: California
Replied: 9/8/2011
Uriarte & Wood, Attorneys at Law | Robert G. Uriarte
If you do not respond a default judgment will enter against you and the creditor will be able to garnish wages or use various other methods to try and collect. You should have an attorney review the complaint to see if you have a statute of limitations defense or some other defense that could reduce or avoid the judgment amount.
Answer Applies to: California
Replied: 9/8/2011
Thomas Humphrey, Attorney at Law | Thomas Humphrey
Yes. You should definitely respond to a summons. I am assuming from your question that a complaint was also served upon you. If you do not respond to the complaint, judgment shall be entered against you. The creditor will then be able to garnish your wages, lien your property, or both. Even if you think you owe the debt, you may have various defenses to the complaint. You may be able to challenge the amount owed. Your account may not have been properly assigned to the collection agency. They may not have the documents necessary to prove their case should the matter go to trial. However, if you allow the creditor to obtain a default judgment, all of your defenses shall be lost.
Answer Applies to: Idaho
Replied: 9/8/2011
Law Office of Maureen O' Malley | Maureen O'Malley
If you don't go, they get a default judgment and can garnish wages or bank account. If you go you can make them prove it's your debt by showing your signature on the application. If they can't prove it, you owe one less debt.
Answer Applies to: Virginia
Replied: 9/8/2011
Goldsmith & Guymon | Marjorie Guymon
Respond if you want to delay a judgment. Eventually, they will receive a judgment and you'll have to arrangement payment or file bankruptcy.
Answer Applies to: Nevada
Replied: 9/8/2011
Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
It's your choice. This is not a bankruptcy question, however.
Answer Applies to: California
Replied: 9/8/2011
Ashman Law Office | Glen Edward Ashman
If you respond and owe the money, you will postpone the final result - where they take your paycheck, bank account and assets. If you don't respond, those bad things happen faster. Why not do plan C (none of the above)? The correct response is to see a lawyer within 30 days to determine if you have defenses, and, if you don't to consider other options to get rid of the debt such as bankruptcy.
Answer Applies to: Georgia
Replied: 9/8/2011
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
You have 30 days to file an answer after being served a summons and complaint. If you fail to answer a default judgment will be taken against you. You will have to pay a filing fee which is several hundred dollars. You might want to let the judgment happen. Or you might want to consider whether you have enough debts for there to be a bankruptcy.
Answer Applies to: California
Replied: 9/8/2011
Law Office of Harry L Styron | Harry L Styron
If you do not respond then the plaintiff will be able to get a judgment against you by default, which will be enforceable for as along as the creditor periodically renews it. If you have assets then you may wish to consider filing Chapter 13 to pay less than the full amount owed. If you have no assets, but expect to acquire some then you probably will want to file bankruptcy to get rid of the obligation.
Answer Applies to: California
Replied: 9/8/2011
Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
If you don't respond, you will get a judgment against you and any property you have. The creditor can then garnish your wages or bank accounts.
Answer Applies to: Oregon
Replied: 9/8/2011
