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I received a summons from the court for debt creditor is try

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smokeyr008



Joined: 15 May 2008
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Posts: 1



28 Magic Points
Subject: I received a summons from the court for debt creditor is try
 
 Posted on Thu May 15, 2008 3:33 am  
I received a summons from the court for debt creditor trying to collect debt, what response should i give the court? I have to file a response within 10 days
 
scott

scott

Joined: 28 Jun 2006
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Posts: 163



4471 Magic Points
 
 Posted on Thu May 15, 2008 4:29 am  
Hi smokeyr008

If you have already paid the debt, then you should visit the court as the judgment will go in your favor. However, if you still owe the debt, then try to make arrangements to pay back the debt so that you can avoid the court else it is better to show up for court to avoid arrest warrant. If the judgment goes against you then it may lead to wage garnishment, a lien on your house or property if you own any, and seizure of money in you bank account. To avoid this, I think it is better to ask your creditor for a debt repayment plan that will suit you.
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SCOTT

Social security, bank account, and credit card numbers aren't just data. In the wrong hands they can wipe out someone's life savings, wreck their credit and cause financial ruin.
 
CMBV22

CMBV22

Joined: 08 May 2008
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Posts: 271



1751 Magic Points
 
 Posted on Mon May 19, 2008 6:50 am  
You also want to try and pay off the debt before the answer date on your summons b/c otherwise you will have judgement info on your CR. This information stays on your report ALOT longer then other listings
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fireyone



Joined: 26 Feb 2008
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3017 Magic Points
 
 Posted on Mon May 19, 2008 11:46 am  
If you can not afford to pay this debt off and they won't accept payment arrangement you will need to at least show up at court. Sure the judgement will be on your credit report but at least if they do a wage garnishment you could explain any finacial distress to the judge and maybe he won't take an astronomical amount from your wages. I know it is stressful but hang in there. It can't go on forever. Good Luck.
 
scott

scott

Joined: 28 Jun 2006
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Posts: 163



4471 Magic Points
 
 Posted on Tue May 20, 2008 8:40 am  
I too agree with Fireyone on this point that if you fail to come in terms with your creditor, you should at least visit the court because of two reasons - firstly to avoid arrest warrant and secondly to request the judge to minimize the amount of wage garnishment by showing your bad financial position.
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SCOTT

Social security, bank account, and credit card numbers aren't just data. In the wrong hands they can wipe out someone's life savings, wreck their credit and cause financial ruin.
 
CMBV22

CMBV22

Joined: 08 May 2008
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Posts: 271



1751 Magic Points
 
 Posted on Wed May 28, 2008 6:10 am  
Quote:
I received a summons from the court for debt creditor trying to collect debt, what response should i give the court? I have to file a response within 10 days


A few questions to help me help you:
Arrow Did the CA try to contact you before this debt went to court?
Arrow Did they give you proper time to request DV?
Arrow Did they violate your rights under the FCRA in anyway?
Arrow How old is the debt?
Arrow What is the SOL in your state for that kind of debt?
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****************************
Free sample letters,
info on paying off payday loans,
and quick credit repair tips.
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carol

carol

Joined: 27 Jun 2006
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Posts: 252



7421 Magic Points
 
 Posted on Wed May 28, 2008 11:54 am  
Hi smokeyr
If you have not sent a debt validation letter to the CA yet, you may send a DV letter immediately under certified mail. Now you may visit the court to avoid arrest warrant and show the court that you have asked for DV. In this way you can get some time to come to a agreement with your CA for repayment of debt. Now if you have already sent a DV letter and got a reply for the same, then you may contact your CA for a repayment plan to repay your debt, else the court may order wage garnishment as Scott pointed out. But agree to the repayment plan only if you think that it suits you and you can afford to pay it.
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Morningstar

Morningstar

Joined: 17 Apr 2007
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Posts: 598



10846 Magic Points
 
 Posted on Tue Jun 10, 2008 6:21 am  
Code:
I received a summons from the court for debt creditor trying to collect debt, what response should i give the court? I have to file a response within 10 days


OP has not returned, and the 10 days have come and gone...
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