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dperez
Joined: 02 Mar 2009
dperez's page
Posts: 3
151 Magic Points
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Subject: Help with a recently sent "summons"?
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Mon Mar 02, 2009 11:31 am
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3.2.09
Hi there,
I recently received a summons, as of 2.19.09. While it states clearly that I have 30 days to respond. Believe me I will be there. The first summons was brought to the front door, accepted by my sister by mistake, on 2.19.09 the 2nd summons was sent to my house via the U.S. Mail, 4 days later. Someone is in a hurry. When I goggled the collection group as well as attorney. They are both scam artists. So you're kind letter of validation is exactly what I needed to know. They have not listed in the summons what the account # is they're trying to sue me for. Only that it is from Bank of America. I did have a credit card with Bank Of America that I defaulted on through job layoff 4 yrs. ago. So do I leave that area blank? (account #) and still compose the same letter? Also my plan is to give a notarized copy to the San Francisco Superior court so that they can post-it. And to send this collection agency a notarized copy sent returned receipt requested and signed. And on copy for my files. Am I going about this correctly? Because when someone sets out to mess with my head, I will fight back. Thanks to people like you. Your help and words take the life stress right out of it. Thank you again. Glad I found you. if you would kindly send back an answer to my question I will certainly get moving on that validation letter.
Kind regards.
"dennisbperez@hotmail.com" |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4285
127 Magic Points
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Mon Mar 02, 2009 12:36 pm
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Dperez, I would answer the summons and in then get out a debt validation asap. That will give them 30 days to validate,which will be plent of time before any court date would be set up. If they do not even have the account number then they probaly do not even have the legal right to collect this debt. Make sure you send it certified mail so whe and if it does go to court you can show they did not validate or did not validate correctly. I am not sure what exactly you put in the account number spot. Others here will know. I just know you need to get out that validation. It could win the whole case,
Also what state are you from and have you checked the SOL (statute of limitations)? Some states are as little as 3 years for anyone to legally collect on the debt. This would also be a sure fire to win. Get back to us and let us know. |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1240
28942 Magic Points
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Tue Mar 03, 2009 10:06 am
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First, you should visit the court from where you have received the summon and file a response to it, else the creditor can bring a default judgment and garnish either your bank account or your wage to recover the debt. Now, you can either ask for debt validation after filing a response to the summon or may ask for validation of the debt on the court date. If they cannot validate the debt, they cannot bring judgment against you.
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All the Best 
Justin |
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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 Mar 05, 2009 6:33 am
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Whether the summon is legitimate or not can be checked by visiting the court from where you have received the summon. You can inquire it with the clerk's office in the court itself when you visit there to file a response. However, you should file a response to the summon first and then check the validity of the summon. This is because if the summon is legitimate and you do not file an answer to it within 30 days as mentioned on the summon, the creditor can bring a default judgment against you.
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Keep in touch
Carol |
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Becky
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Subject: Summons
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Fri Jul 24, 2009 12:48 am
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| How do you know if a summons is real. I just received one hand delivered for a credit card debt. It says I must respond in writing within 20 days. There is no date on this summons and my address is not on it. Should it have a stamp? |
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Wilmanita Africa
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Subject: I have a summons i need help
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Tue Aug 18, 2009 2:44 pm
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I have summons and i need help please can some one please contact me on 084 033 2890. Its very serious please can some one call me at anytime just before thursday this week.
Thanks
Wilmanita |
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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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Wed Aug 19, 2009 10:40 am
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Hi Wilmanita
If you have received a summon there is no need to panic. Serve the summon and seek time from the court to defend yourself if you are not prepared. Get your documents ready and if there are more questions on your mind do let us know.
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Keep in touch
Carol |
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myka
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Subject: summons
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Sun Aug 30, 2009 6:10 am
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| I was sued by Capital One according to the summons, not sure if the plaintiff ( lawyer ) was the one that sued me or the original creditor. I received a letter before the plaintiff sued me from another lawyers office. Is this means I am being sued by a collection lawyer or the original creditor? Pls help |
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desperate and confused
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Subject: summons
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Sun Aug 30, 2009 10:58 pm
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I am in the exact same situation but I am out of the country as well and don't know how to handle this. I do NOT have any money for an attorney but want to make the proper response. How can I do this? Mine was also in regards to Capital One and represented by an attorney for them. This is the original creditor. I believe in my case they also enclosed copies of my actual debt. What can I do?
I don't have a job and won't be able to get one for another 6-8 mos. at least. I am with my husband in his country trying to start over and hopefully get jobs to be able to "start over and get a life" and be able to deal with our left over debts from Losing our Home....Vehicle....everything after I lost my job. I refuse to declare bankruptcy but need TIME to be able to do anything about these debts. In the mean time my family is being harrassed. My mother received this summons. Not Good. They have enough problems of their own. Is there any true FREE advise that can help me? |
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maria1
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Subject: summons
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Sun Jan 16, 2011 3:08 am
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| i found in my door a summons from chase case number seems like on the paper is a sticker with the case number how do i know if this is a legitimate summons and why they left it in the door and they did not sent it by certified mail??????make sure that i receive it????? |
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44DAYS
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Subject: what is the best way to deal with debts that i can not pay
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Tue May 31, 2011 1:38 am
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| IT HAS BEEN 6MONTHS THAT I HAVE NOT PAID 2CHASE CR.CARDS. I OWE 35,000DOLLARS COMBINE ON THEM.THEY WANT 600 A MONTH I BARELY MAKE 500 EVERY 2WEEKS .I HAVE TO PAY MY MORT.OF 574 A MONTH & UTILITIES OF 4OO A MONTH. I AM TOTALLY DROWNING IN DEBT.I DON'T KNOW WHO I CAN TRUST WITH MY PROBLEMS.SOME LAWYERS ARE RIP OFF ARTIST.I AM ALREADY 2MONTHS BACK ON MORT.,ETC.CAN THE COURTS STILL SUE OR EVEN GRANISH MY WAGES TO PAY THE DEBT. PLEASE HELP ME .DO YOU KNOW WHERE TO START TO GET MY LIFE BACK ASAP.I JUST RECIEVED A PRE-PAID NOTICE TO PICK UP ,I THINK IT IS A SUMMONS FROM THE COURTS. |
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JM
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Subject: Summon
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Sat Sep 24, 2011 5:39 pm
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Hello all,
I don't think panicking is the answer. I have a summon that I need to answer next week. I've been to modification of my home on my own successfully. My second mortgage, I settled for 10% of the original amount but this didn't end in court. This time, it's a credit card from Capital One. YOU DON"T NEED A LAWYER TO ANSWER SUMMONS but it is convenient if you want to but be prepared for lawyer fees.
A friend of mine went through all these and here's what she told me. Before you appear infront of the judge. The collector representative (could be their lawyer or just a collection supervisor) will approach you for settlement. It is up to you to agree but make sure they will do mail you first the agreement before paying them. Make sure to certify your mail for tracking. If you don't settle, you face the judge. That shouldn't scare you people, just state your case and be honest about it. If you don't have a job and can't afford to pay tell the judge why and just give them probably a minimum amount you can afford. Some of them are lenient and some probably won't care.
The most important thing is BE THERE AND DON'T BE LATE. ALWAYS BE EARLY. Some debtors win their cases by just showing up when the collectors reps are late.
What really help me is to research by reading about credit collectors and oh boy I learn a lot. Search books in amazon about debts and borrow it in your library. You will surprise yourself I promise.
Hope this helps.
JM |
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