Summons for non-payment of a credit card debt

Jurisdiction: 

Area of Law: 

Question: 

I have recently been served with a summons for non-payment of a credit card debt. I would like some advice on how to answer this complaint by the deadline (Nov 8) and hopefully make it go away. I am a 60-year-old, unemployed Mass. resident with a gross income of $10,400 annually.

Selected Answer: 

In Massachusetts, the statute

In Massachusetts, the statute of limitations for a credit card company to file a claim against you to collect any past due debt is five years. You must complete an answer to the complaint and file it with the court by November 8 or the court may enter a default judgement against you. In the answer, you must admit or deny the allegations contained in the complaint. If the debt is older than five years, you can assert the affirmative defense in your answer that the statute of limitations bars the credit card company from enforcing the debt. For additional help completing your answer, contact a Massachusetts attorney, or visit http://www.masslegalhelp.org/. In addition, you may be able to work out a payment plan with the credit card company to repay your debt slowly in small payments. However, do not contact the credit card company until you first discuss your case with an attorney. For information about the Fair Debt Collections Practices Act, read https://www.freelegalaid.com/nav/california/business-and-commercial-law/....

All Comments

In Massachusetts, the statute

In Massachusetts, the statute of limitations for a credit card company to file a claim against you to collect any past due debt is five years. You must complete an answer to the complaint and file it with the court by November 8 or the court may enter a default judgement against you. In the answer, you must admit or deny the allegations contained in the complaint. If the debt is older than five years, you can assert the affirmative defense in your answer that the statute of limitations bars the credit card company from enforcing the debt. For additional help completing your answer, contact a Massachusetts attorney, or visit http://www.masslegalhelp.org/. In addition, you may be able to work out a payment plan with the credit card company to repay your debt slowly in small payments. However, do not contact the credit card company until you first discuss your case with an attorney. For information about the Fair Debt Collections Practices Act, read https://www.freelegalaid.com/nav/california/business-and-commercial-law/....