Questions re: Discover card lawsuit

[switchback65]

What is the name of your state? New Jersey
I am being sued by a lawyer who represents a company that purchased my Discover card debt. I recieved a summons stating I have 35 days to answer, or a judgement may be automatically made against me. I have not made a payment on that acct. for approx 2 1/2 years. I have not, to my knowledge, been in any contact w/ either the law firm or the co. they represent. My questions: Should I answer the summons, and if so, what is the best thing to say? Should I conact the lawyer, or either of the other co.'s involved first? The debt is approx. $4500. I have no assets, my car is not in my name. I could arrange a payment plan, is it too late? If a judgement is made against me, I understand up to 25% of my disposable income could be garnished, is this true? My income is approx 1/2 salary, & 1/2 milage reimbursements, which are non taxable. Would the wages considered for garnishment only include my salary? Do they need to produce actual proof of the agreement I orignially entered into? I appreciate anyone who has taken the time to read and/or reply, thanks very much in advance for your suggestions and/or advice.

 

[caliber]

No initial dispute?

Did you ever formally dispute this cc balance, transaction, purchase, etc prior to receiving the summons and complaint? I wonder who the attorney is who came after you. You say they purchased the debt. Are you certain? Do you have correspondence from them stating they purchased he debt?

You must answer the complaint in time. They are hoping you don't so as to find you in default. You must find an attorney and answer the complaint.

Individual governance supersedes the above statements and my response is purely educational, not to be construed as legal advice.

 

[switchback65]

re:

Thanks for your reply. I haven't been in contact w/ either Discover or w/ the co. handling the debt. They included a photocopy of a form signed by a rep. from the collection co. (Unifund) stating they have assigned, transferred, and set over the debt unto the lawyer, and a copy of an old CC statement, along w/ the summons. I have not been in any kind of touch w/ Unifund and/or the atty. I would be willing to arrange a payment schedule w/ the atty., would it be best to put this in writing? I could probably afford to make higher monthly payments than they would recieve in a judgement, I have no assets other than my salary. Would such a request somehow cause me to lose any rights? I truly appreciate any and all assistance from anyone, thanks very much!