So you have received a Civil Summons for the collection of debt you may or may not owe in the Commonwealth of Kentucky. The Complaint says you owe money for a debt. What must you do?

You will have 20 days from the date you were served the Summons to respond with an Answer. This deadline is rather strict. However you can call the attorney listed, the one representing the Plaintiff (the debt collector), and ask for more time than 20 days to provide it.

DEFAULT: FAILURE TO TIMELY FILE AN ANSWER

If you do not file an Answer to the Complaint in response to the Civil Summons, the debt collector may proceed to a Default Judgment. An application for Default Judgment makes everything easy for the debt collector Plaintiff. It allows the debt collector to win because you did not respond. You will have defaulted. It does not matter whether you owe the debt or not, because you chose not to file an Answer.

A little bit further down the road and the failure to file an Answer could lead to a garnishment. Garnishments are very common because individuals can be lax in responding to an Answer. There is a strict deadline to file an Answer.

DO NOT DELAY, DO NOT DIY

Since an Answer is a legal document, its much better to have a lawyer draft an Answer full of legal defenses rather than try to write one yourself focused mostly towards factual objections (and things you found online that you think may help but could not, or even may hurt you). But how can you afford a lawyer?

Look for a lawyer that does consumer debt defense or bankruptcy, one with low overhead that is willing to help you file an Answer and work with you on the rest of the fees. An Answer for Kentucky state court in response to a debt collector action should not cost more than $200. However, failing to respond to a debt collector action can become very expensive, and create a headache that can last for years, so that $200 could be a bargain.

Contact Mayberry Law PLLC for matters great or small.

WHAT ABOUT FURTHER OPTIONS?

Its natural to think about other options, such as bankruptcy or negotiation. But if you have received a single Civil Summons, you will want to worry about one task: finding a lawyer to file your Answer in a timely fashion. (If you receive five or six Summons within a week or so, contact an attorney specializing in bankruptcy). You will still be able to negotiate the debt after filing the Answer. In fact, you will likely only be able to do so if you avoid a Default.

If you do not file an Answer, you will have trouble finding an attorney for representation in that matter. Here at Mayberry Law PLLC, we routinely turn down representation for cases after a judgment has been filed in that case. At that point, there is little we can do, after all.

FILE THAT ANSWER

I know it seems simple, it may come off as single-minded, but you will want to file that Answer. And you will not want to do it yourself, at least not if the debt collection suit is for several thousand dollars. Perhaps you owe the debt. You should file an Answer regardless. Make them prove their case in full. After all, just because you may owe the debt does not mean the right party has come to collect on it. Or just because you once owed the debt does not mean they waited too long to sue. Or … that’s what a lawyer can determine.

Do not just lie down and wait for a garnishment. Assert yourself. If they bothered to serve you, they will move for a default judgment. Protect your rights! Call a lawyer to help you file an Answer.