what form to I file? I have been sued by a credit charge company and I cant find the form to respond and file in court? I owe the money and ...

Question

what form to I file? I have been sued by a credit charge company and I cant find the form to respond and file in court? I owe the money and willing to pay it back but cant afford the amount the lawyer is asking for a month..i had called and we spoke..i need to ask the judge if I can only pay 100.00 a month back..cant find the right form to request this..i owe about 3,700.00

Answer

There is no such form. If you have been sued, you would need to file an answer to the complaint and either deny or accept the allegations. You will need to pay the court filing fee. If this is a small claims lawsuit, the fee and process is a bit simpler than in civil court.

However, the Judge will not say one way or the other the amount you would pay monthly. You will need to work that out with the creditor.

There is probably much more going on here and you should speak with a consumer law/bankruptcy attorney for some advice. Many, like me, provide a free telephone consultation which I encourage you to use.

Answer

You will want to determine when you made your last payment or when the last payment was due, whichever is later. If more than four years have elapsed, you might have a statute of limitation defense to bar any collection effort that you will have to raise in your answer or forever lose it. That's why Mr. Jordan's suggestion about finding an attorney to assist you is spot on. There also are attorneys who specialize in defending people in a similar situation as yours and try to recover attorney's fees from the other side if the defendant wins, or at least try to whittle down the debt to a level that can be paid.