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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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10890 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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Use your credit account responsibly and enjoy a debt free life.
CMBV22

CMBV22

Joined: 08 May 2008
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5118 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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80 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

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10890 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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CMBV22

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5118 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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and quick credit repair tips.
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carol

carol

Joined: 27 Jun 2006
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Posts: 1299
Location: Los Angeles, California


30027 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

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11 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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darryl jones
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Subject: sample letter of how to repsond to court summons
 
Posted on Wed Jan 21, 2009 1:50 am  

please send me a sample letter to go by
Justin

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28944 Magic Points

 
Posted on Wed Jan 21, 2009 9:53 am  

Hi Darryl
You need to file an answer within the period as mentioned in the summon with the clerk's office from the court where you have received the summon. There is no sample "reply to a summon" letter. You will receive the format in which you need to file the summon from the court itself. Each court has its own format for filing answer to the summon.
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anoym
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Subject: banksrupsy
 
Posted on Thu Apr 02, 2009 1:22 pm  

If I file for bankrupsy and I received a letter to go to the creditor court I should go?
scott

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10890 Magic Points

 
Posted on Fri Apr 03, 2009 12:42 pm  

Yes, you should present yourself on the court date to defend yourself, else there can be a default judgment against you.
However, if there is judgment against you, the creditor cannot recover the debt if your bankruptcy petition gets discharged. But if your bankruptcy petition gets dismissed, the creditor can recover the judgment money from you. So you should try to avoid judgment.
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Use your credit account responsibly and enjoy a debt free life.
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Subject: bankrupsy
 
Posted on Sat Apr 04, 2009 4:09 am  

but my attroney said I dont need to go bankrupsy will discarge that.
Mary

Mary

Joined: 06 Jul 2006
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17418 Magic Points

 
Posted on Thu Apr 09, 2009 9:56 am  

Yes, your attorney is correct if your bankruptcy gets discharged. But if for some reason or the other your bankruptcy petition gets dismissed, and in the meanwhile the creditor brings default judgment against you, then you will have no other option but to allow either your wage or your bank account to get garnished.
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Charlee
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Subject: summons for debt
 
Posted on Wed May 27, 2009 7:46 pm  

Cant hey garnish wages in florida if you are head of the household.

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