Answering a summons to buy some time

please hang tight someone will be around to help :)

If you are looking to just buy time, I would answer the summons by saying the following:

"defendant alleges that plaintiff's compaint and any cause of action therein contained fails to state facts sufficient to constitute a cause of action against answering defendant. Wherefore, this defendant request that Plaintiff take nothing by reason of its complaint for cost of suit, and for such and further releif as the Court deems just and proper."

It's a vauge answer but this will force the CA to prove that this is not only your business debt but that you personally guarantee it. Chances are that the CA does not have a copy of a signed personal guarantee and the judge will dimiss without prejudice until the CA can get a copy.

Even if the CA does have a copy of the personal guarantee and you get a judgement entered against you, you still have sometime before the CA can take action. Usually, the court will give you 5-10 days to voluntarily pay or setup a payment agreement (stipulation). If you dont pay or setup a stipulation with the CA, the CA has to file a "motion of garnishment" and get a new court date which ususally takes another 5-10 days(in Cali, its like 30 days!)

You can even push back a "motion of garnishment" by filing a "notice to appeal" right after the judgement. This will force a new court date to be issued for a hearing to review whether your case deserves an appeal. This gives you another 5-10 days.

Here's what I would do to delay:

1. Answer the Summons with ANY defenses - start with the most obvious - denial of the existence of a debt, then go on to disputing the amount and the terms.

2. Insert a couple of Affirmative Defenses like Laches and teh Statute of Limitations.

3. Continue with a couple of Counterclaims - FDCPA and FCRA violations are great here.

Now that you have laid the ground work, file a Motion with the Court to allow time for Discovery. That should be good for a couple of months easily. If you need even more, send a Discovery Demand over to them that would have Indiana Whatzhisname afraid to go that far back into the records.

I may have run 2 thoughts together in my initial post. The debt to Discover of almost $18,000 is not a business debt. The other 2 debts that I have not been sued on (Yet) are business, but with personal guarantee.
Can I :

1)dispute the amount and request a full detailed accounting of any charges, interest and other charges that they say makes up the $17,881.58 that I owe.

2)Call Discover to tell them thay I am ready to file bankruptcy and offer to work out a settlement in lieu of now instead of filing chapter 7 or 13. If it's low enough, I can accept it if not reject it and file.

Thanks for your wise council...

Yes and Yes, but you should still do what I suggested before they end up with a Default Judgment.