| Author |
Message |
|
Options 
Bookmark online
|
nashes48
Joined: 11 Dec 2008
nashes48's page
Posts: 5
210 Magic Points
|
|
Subject: Court Summons
|
|
|
Thu Dec 11, 2008 6:36 pm
|
|
|
Hi there. First I have to say I am so glad I found this forum. Reading has answers some of my questions. But I do have one that I am kinda freaking out about.
I received a court summons for the state of Utah on a credit card but I live in MI. Can they seriously expect me to go to Utah for court? I talked to someone else and they said they can not and I should call the court house and something about improper venue? and to request a motion to change venues. I am not sure what to do. I did not know anything about the DV yet until now so I did not send that to anyone. Also, there is NO date on it stating when I received the summons (I did sign for it on the 26th of Nov)except a file date of Sept 17. What should be my next step? Thanks in advance for all your help. |
|
|
goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3735
10 Magic Points
|
|
|
|
|
Fri Dec 12, 2008 12:47 am
|
|
|
definately file for the change of venue, they have to sue you where you live, not what suits them best. Make sure you follow through with this, if they don't show up you will win by default and if they have to travel it is doubtful they will take the time unless it is a significant amount of money.
so your first step should be filing the change of venue.
_________________
Goodnatured,
http://cashinpocket.synthasite.com/
for all the ways I make $$ online |
|
|
nashes48
Joined: 11 Dec 2008
nashes48's page
Posts: 5
210 Magic Points
|
|
|
|
|
Fri Dec 12, 2008 2:19 am
|
|
|
| Thanks. Do I call the court house listed or send a letter to someone? |
|
|
Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1093
25288 Magic Points
|
|
|
|
|
Fri Dec 12, 2008 5:35 am
|
|
|
If the creditor or the collection agency has filed the lawsuit in Utah and you have received a response from the court at Utah, you have to file an answer to the summon with the clerk's office in that court from where the summon has been sent. If you do not file an answer tot he summon within 21 days from the date of receipt of the summon, the creditor or the collection agency who has filed a lawsuit against you can bring a default judgment against you to recover the outstanding debt.
_________________
All the Best 
Justin |
|
|
anthony
Joined: 31 Jul 2006
anthony's page
Posts: 550
13573 Magic Points
|
|
|
|
|
Fri Dec 12, 2008 5:59 am
|
|
|
As far as I know, in the state of Utah you need to file an answer to the summon within 20 days from the date you receive the summon. Since you have received a certified mail from the court, the date 26th Nov will be considered as the date you received the summon and 20 days will start from 26th Nov itself. This means that you need to file the response within 16th Dec 08 which is not too far away. If you cannot file a response to the summon by visiting the court at Utah, you can authorize an attorney to file the response on your behalf, otherwise the creditor can bring a default judgment against you to recover the debt. In the meanwhile, you can send a debt validation letter to the creditor to be sure whether you actually owe the debt or not.
_________________
Anthony Marx
A positive attitude is not achieved by turning a blind eye to the negative, but rather by responding to every situation in the most positive way possible. |
|
|
fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4124
1011 Magic Points
|
|
|
|
|
Fri Dec 12, 2008 11:21 am
|
|
|
| The poster needs to file a change of venue surely he/she can do this from their state. Did you recieve the summons in the state you live now? If so the courthouse that the summons was filed in should show on there somewhere. Call them so they know that you are aware of the summons and see exactly what you have to do to filea change of venue. If not go to your own local courthouse wiht the summons and see what they can do to help you. Surely there is something you can do on your own with out the expensense of an atty adding up. Hopefully Goodnatured will come back and follow up on this. She may know a little more but in the mean time you can not wait around because you are running out of time. Call either courthouse. |
|
|
nashes48
Joined: 11 Dec 2008
nashes48's page
Posts: 5
210 Magic Points
|
|
|
|
|
Fri Dec 12, 2008 9:29 pm
|
|
|
| Ok. thanks for everything so far. I talked to the courthouse and she said I have to file a motion for change of venue and a order for change of venue. Does anyone know where I can find some samples of these. I have googled for them and have not been able to find any forms. Thank you! |
|
|
fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4124
1011 Magic Points
|
|
|
|
|
Fri Dec 12, 2008 11:52 pm
|
|
|
| Hi Nashes, There is a page where you can get sample letters but I am unsure of exactly which liink you will need. You can try doing a credit magic search. Look to the right side of your screen on this page and you will see a box tilted credit magic search. Type in what you need there ands see if it comes up. If you can not find anything check back here and I am positive someone can lead you in the direction of the sample letter you are looking for. Are you sure you do not just have to go down to the courthouse and fill out the forms they have there? Did they say where and how you were to do this? |
|
|
nashes48
Joined: 11 Dec 2008
nashes48's page
Posts: 5
210 Magic Points
|
|
|
|
|
Sun Dec 14, 2008 10:11 pm
|
|
|
| I called to courthouse and they said I have to send a motion for change of venue and an order fro change of venue. She could not tell me how to word it or anything. She was very vague about all of it and I think she was getting frustrated with me cause I had no clue what she was talking about. I did find a few samples but they all have different office or courthouse letter head. Can not really understand any of them either, but I will search this site now. Thanks for everything. I do have a little time left to cause the summons says 30 days so I a still good for a short time. |
|
|
fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4124
1011 Magic Points
|
|
|
|
|
Sun Dec 14, 2008 10:56 pm
|
|
|
| It really annoys me when people at the courthoues can not take time out of their busy day to help people out. Probaly the best thing you could have done was went down to the courthouse in person. That way she could not have easily blown you off or you could have asked for someone more helpful. You can use those other sample letters and just get rid of the letterhead and put your courthouse name and address in there instead. I was hoping Good natured would stop by and give you a good explanation. I wonder if it is possible for the courthouse to let you have a copy of their stationary. Aslo are you sure you do not have to go to the courthouse itself to file this and that is where they suppply the letterhead? |
|
|
nashes48
Joined: 11 Dec 2008
nashes48's page
Posts: 5
210 Magic Points
|
|
|
|
|
Tue Dec 16, 2008 2:07 am
|
|
|
| I can't go to the courthouse, it is scheduled in Utah and I live in Michigan. I think I might go to mine and see what they can tell me. Thanks for everything. |
|
|
carol
Joined: 27 Jun 2006
carol's page
Posts: 1308
28489 Magic Points
|
|
|
|
|
Tue Dec 16, 2008 7:05 am
|
|
|
Even if you file a motion to change venue, it must be filed at the court from where you received the summon i.e, at Utah. In the court on the hearing date or the court date you need to mention that it would be difficult for you to travel every time at Utah for the case hearing. If the court changes the venue for your convenience, it has to be certified by the Supreme Court.
_________________
Keep in touch
Carol |
|
|
fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4124
1011 Magic Points
|
|
|
|
|
Tue Dec 16, 2008 2:58 pm
|
|
|
| So there is not anyway he can file for the change of venue in his or her current state? This is kind of a long travel. If this is how is has to be Nashes, then you should try to get to that court hearing so that they do not win by default. If you don't they will win. Still try the courthouse and see what they say but if you have to go I would ask the judge for the change of venue. You may not even need it because usually these hearings are wrapped up in just one hearing. Let us know what the courthouse tells youi. |
|
|
Mary
Joined: 06 Jul 2006
Mary's page
Posts: 730
17413 Magic Points
|
|
|
|
|
Wed Dec 17, 2008 11:16 am
|
|
|
No there is no way out and you need to first file an answer to the court summon before you file a motion to change venue, else the creditor can bring a default judgment against you. Now as Anthony said if you are not able to visit the court to file a response to the summon, you can authorize a lawyer to defend your case. If you think that you actually owe the debt, and the case will not be in your favor, you can wait for the default judgment by which the creditor can garnish your wages. However, the creditor cannot garnish more than 25% of your income every month and this process of wage garnishment will continue till the debt has been repaid in full.
_________________
Where there's a will, there's a way !! |
|
|
fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4124
1011 Magic Points
|
|
|
|
|
Wed Dec 17, 2008 11:31 am
|
|
|
| I would want to present my case to the court if I were you. You have not told us much about this debt for a really complete answer on whether to defend your self or wait for the default verdict. I would not advise waiting to see if a default verdict pops up and they start attaching your wages unexpectly down the line. How old is this debt? Do you know id you are protected by the statutes of limitaions on credit card debt. If you feel that you are then I would definatley make the trip. I imagine if they are suing the debt is probaly a half decent amount and if I was protected by the SOL then this trip would pay for itself. |
|
|
