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I have a question. I have a debt from 2006, a credit card debt that a collection agency has I believe purchased from the bank. I have been served a summons that states that if I do not answer within 20 days they have the right to a judgement against me. What are my rights? When they state judgement, what exactly are their rights to a judgement against me? I am in Kentucky and I would think perhaps laws vary state to state, am I right?
Since you have been asked to file a response to the summon within 20 days from the date you receive the summon, you should immediately do so,else a default judgment may be passed against you by the plaintiff and your wages can be garnished. Now after filing a response with the clerk's office in the court, you can send a debt validation letter to the collection agency by certified mail to be sure whether the CA that has sent you the summon actually owes the debt or not.
Yes, Justin is right. Before doing anything else, you should first file a response to the summon to avoid default judgment which may lead to garnishment of your bank account or your wages. But if you file a response, you will get a court date where you will be able to defend yourself. You may also ask for debt validation in the court and you may get a new court date again after 30 days so that the creditor can validate the debt. In the meanwhile if the creditor validates your debt, you can also come to a repayment plan and settle the debt outside the court.
Failure to appear in court in response to a summons
My problem is I did not appear in court and now I am facing garnishment and etc. Do I have a right to find out, at this point, who it is and where is my signature on this credit card and what year this take place?
Hi Elizabeth
If you do not file a response to the summon, or do not appear on the court date, a default judgment may be passed against you. However, you can always file a motion to vacate the judgment by visiting the court which has passed the judgment order. If you want to find out the creditor who has brought the judgment against you, just pull out a certified copy of the judgment order from the court and you will get every details there.
default judgement
I received a summon and did not respond, because the summon did not have a court file number, now I got a notice of default judgment from the court of the state with a court file number.
I never saw anything about a court date, so how can they file a default judgment without sending a notice to let me know when is the hearing date?
What should I do, should I call the court?
Judgment without summons
Hello. I received a judgment against me recently regarding a past due bill. I had worked out a plan for payment with the debt collector, but I became one of the many unemployed Americans. It says that I am to pay 10% of my wages to the Sheriff's office. The strange thing is, I told the debt collector that I am unemployed and not receiving enough funds at the time to make such high payments. I have been informed through this letter that I have 20 days to respond, or they will send the judgment to my employer (which I have not worked for in 6 months). They never sent a court summons, and now they have this judgment against me. What do I do?
Hi Paige
In such a case you can send a motion to vacate this judgment. You can vacate a judgment if you think it hasn't been fair. Cite proper reasons as to why you are vacating the judgment. The case gets started all over again and you can prove yourself if you have a point to prove here.
judgement summons
i never recieved any summons from the creditor now i have a judgement summons over my head what should i do?
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