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Rhon
Joined: 12 Jan 2010
Rhon's page
Posts: 4
104 Magic Points
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Subject: Answering a summons--Help Please
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Tue Jan 12, 2010 1:11 am
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I am in a panic right now, we got served-being sued by credit bureau, for medical bills. I keep hearing about needing to answer-but I am so clueless-My husband went to the courthouse to get a form-and was told there is no "form" Do we type this ourselves? We got something that says--Return on service of summons-what is that? Do we fill it out??
I feel so overwhelmed right now.
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carol
Joined: 27 Jun 2006
carol's page
Posts: 1307
Location: Los Angeles, California
29555 Magic Points
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Tue Jan 12, 2010 9:54 am
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Hi Rhon
When did you get served? If you are still within the time limit of 20 - 30 days of answering summons, you may do so. When you received summons, you also must have received a document called 'complaint'. You will find a list of allegations made against you in this document to which you have to answer. You must put your answer against each allegation as 'agree', 'disagree' or 'partially agree' or similar words.
You may simply type out your response in a small paper if you choose to disagree with the allegations made against you and write a brief explanation why. You may also find a form inside your packet which you can fill out in response to the summons. Let me know if you make any progress.
_________________
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Carol |
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Rhon
Joined: 12 Jan 2010
Rhon's page
Posts: 4
104 Magic Points
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Tue Jan 12, 2010 6:30 pm
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Carol
Thank you for your response--ok I think I get the answering part.
Now about a week before we were served the summons-the credit bureau called my husband at work-he tried to work out a payment plan with her and told her what we could pay as of right now-I am only working part time as of now-she said that was unacceptable-which I know is her right to- My question-Do we put that in our answer?? That we did try and it wasnt accepted.
We got served a week ago and have 20 days to respond
Thank you so much for your help |
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Rhon
Joined: 12 Jan 2010
Rhon's page
Posts: 4
104 Magic Points
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Tue Jan 12, 2010 7:09 pm
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| Also it says on there that we owe for attorney and court costs--do I respond to that in my answer?? |
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Rhon
Joined: 12 Jan 2010
Rhon's page
Posts: 4
104 Magic Points
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Tue Jan 12, 2010 10:21 pm
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| Also there isn't a court date on the summons-the only thing that is actually signed by a Person is the lawyer-everything else is a stamped signature...I know I have a lot of questions but I could really use some help with this |
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carol
Joined: 27 Jun 2006
carol's page
Posts: 1307
Location: Los Angeles, California
29555 Magic Points
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Thu Jan 14, 2010 7:50 am
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Hi Rhon
I am consolidating my answer to all your queries in this one post.
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| Also there isn't a court date on the summons... |
Ok. So you may call up the clerk's office or simply go and find out the date and mark it in your calendar. Don't miss the date and be in court for the hearing. The court clerk should be able to provide you with necessary information and forms.
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| Also it says on there that we owe for attorney and court costs--do I respond to that in my answer?? |
Yes. This attorney is probably provided in your defense. However, if you cannot afford an attorney, you may let the court know. IIf you need an attorney at low cost, contact the bar association to reach attorneys who provide such service in your area.
Your summons may also contain attorneys for the party suing you. You may call the attorney listed there and verify. If it is the other party's attorney you can try to settle the account with him out of court of course.
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| Do we put that in our answer?? That we did try and it wasnt accepted. |
Rhon, try and speak with the other party's attorney and propose the settlement again. Do this out of court and give him a better offer this time (if you can). See if he agrees to settle out of court.
Let me know how things go.
_________________
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Carol |
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Papa Sam
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Subject: answering court summons etc
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Mon Feb 01, 2010 4:19 pm
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| I really got myself into a bind this time. I was served a summons over a default debt on a wood chipper I signed for over 5 years ago for my son's tree business in which I was to become a partner (which never happend and I have never had possession of the chipper in question). He made payments for a few years, but times got bad in the tree business and he had other debts (like child support) he had to pay. Now this is the way I find out he has let the bill go for many months and I do not have the income to settle this debt. What can I do and what should I respond to the court? |
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Papa Sam
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Subject: answering court summons etc
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Mon Feb 01, 2010 4:20 pm
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| I really got myself into a bind this time. I was served a summons over a default debt on a wood chipper I signed for over 5 years ago for my son's tree business in which I was to become a partner (which never happend and I have never had possession of the chipper in question). He made payments for a few years, but times got bad in the tree business and he had other debts (like child support) he had to pay. Now this is the way I find out he has let the bill go for many months and I do not have the income to settle this debt. What can I do and what should I respond to the court? |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1240
28942 Magic Points
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Subject: answering court summons
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Tue Feb 02, 2010 7:16 am
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Hi Papa Sam,
As you have already received the summons, you should answer to the summons first. With the answer mention what kind of relief you want from the debt. Other than this, you can contact the wood chipper and request him to settle for a lesser amount. Make him understand that you are not financially stable and therefore not in a position to pay the whole amount. Explain to him the hardships you are facing. Talk to your son too, about this problem. If possible opt for debt consolidation.
Please keep in touch and let us know about the proceedings, if any.
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All the Best 
Justin |
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ld clark
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Subject: Summons for debt collection
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Tue Apr 06, 2010 6:56 pm
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| I was served a summons for debt collection. I interviewed an attorney who said he would make contact with the plaintiff's collection lawfirm and try to negotiate the debt down and set up a payment plan. Can he do that before answering the summons which is less than 30 days now? If they do settle do they just cancel the summons or does my attorney have to still have to answer the summons and show that the other side settled? Thank you. |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2675
48566 Magic Points
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Subject: summons for debt collections
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Wed Apr 07, 2010 4:53 am
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Hi ld clark,
Whether or not the summons will get canceled after the debt settlement, depends on the collection agency itself. You need to talk to them about this. Your lawyer too can talk to them regarding this, on your behalf. As for the settlement, your lawyer can try to settle it before answering to the summons.
Thanks,
Aaron
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lucille miller
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Subject: problem with court
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Sun May 16, 2010 11:17 pm
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| i am being sued by a collectors agency need help answering a summons please help me ? |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2675
48566 Magic Points
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Subject: problem with court
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Mon May 17, 2010 10:44 am
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Hi,
Visit the court from where the summons has been served, and request the court clerk to help you in answering the summons.
Thanks,
Aaron
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lynette curley
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Subject: looking for an attorney
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Tue Sep 28, 2010 4:42 pm
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| We are in the hunt for attorney but we currently are being strapped down due to finances . We can't or i should state that we are unable to afford one. What can we do or call ? Court is on the 4th of October |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2675
48566 Magic Points
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Subject: looking for an attorney
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Wed Sep 29, 2010 11:54 am
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Hi lynette,
There are many such attorneys who provide free service. So, I think you need to find one in your area.
Thanks,
Aaron
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