How Do I answer summons on loan default?
We are in default on a business loan which was guaranteed by us personally. I am not sure how to respond to the summons and I can't get in to see an attorney in time. I have the form I need, but since we are guilty of the charges they are alleging I am not sure if I should waste the money on filing fees etc... since we will lose anyway. We simply are unable to pay and are meeting a bankruptcy attorney next week to figure out what to do next. Can you tell me if it is a good idea to file (and if so what I should say since really my only defense is that we have no money....) Thanks!
Re: How Do I answer summons on loan default?
The answer to your question is that you should call up the attorney who filed the complaint, tell him that you are seeing an attorney new week [tell him what day and time], would he please give you an extension of time to answer, right after you meet with your attorney you will call him with your attorney's estimate as to how much time he will need to file an answer or he might file for bankruptcy which you are told would stay the civil case and yo would not have to answer. I doubt he will refuse and I am sure that no judge would not set aside a default judgment under those circumstances.
Re: How Do I answer summons on loan default?
The answer to your question is that you should call up the attorney who filed the complaint, tell him that you are seeing an attorney new week [tell him what day and time], would he please give you an extension of time to answer, right after you meet with your attorney you will call him with your attorney's estimate as to how much time he will need to file an answer or he might file for bankruptcy which you are told would stay the civil case and yo would not have to answer. I doubt he will refuse and I am sure that no judge would not set aside a default judgment under those circumstances.
