i need help drafting a resopnse letter to a 20-day summons o

Submitted by gfulton1967 on Sat, 08/15/2009 - 20:38
Forums
Credit repair

We are in the middle of preparing to file for bankruptcy. However, I need to respond to a 20-day summons before our file date. I'd like to just request that the bank file the lawsuit with the court to delay the action until we can file.

carol

Hi gfulton

If you have been served a summon you need to attend it. Otherwise your creditor may get a default judgment against you. You will be given an opportunity in court to defend yourself. You could place forward your request for the delay then.

Tue, 08/18/2009 - 10:20 Permalink
gfulton1967

Carol,
Thanks for the reply. I'm not even to the court date yet. I need to send a letter to the creditor to request that they take me to court. This is the letter I need help drafting. I have no idea how to word it. Is there a template out there?
Gayle

Wed, 08/19/2009 - 03:55 Permalink
carol

Hi gfulton1967

Have you responded to the summon? I think not. You must go to the clerk's office and there will be a form you need to fill up in response to the summon seeking the date on which you must appear on court. Do this as soon as possible if you haven't done it yet. It is simple, go to the clerk's office and he will tell you what to do.

Wed, 08/19/2009 - 10:04 Permalink
Gayle (not verified)

Hello Carol,
I did as you suggested and went to the clerk's office and recieved a response form. I do have a case number already and the clerk said that the case is filed with the courts a date just hasn't been set yet. So, my question is do I need to respond to this at all or just wait to be notified of the court date and be sure to appear? I have no disagreement with the amount or the fact that the debt belongs to me. I just want to be sure that an invouluntary lien isn't filed against me. I was told that if that happens it has to be undone at the time I file for bankruptcy and that extra fees will be involved.

Fri, 08/21/2009 - 18:53 Permalink
Rob (not verified)

Hi Gayle,

What is the title/name of the response form. Our Clerk has no idea. Thanks.

Wed, 08/25/2010 - 18:32 Permalink
Aaron

Hi Rob,

It is the summons response form. You can ask the court clerk to provide you one such form for answering to the summons.

Thanks,

Aaron

Thu, 08/26/2010 - 07:42 Permalink