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What do I do when I have been served a summons

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stacey
Guest






Subject: summons for debt
 
Posted on Sun Apr 19, 2009 6:37 pm  

I was served a summons on April 19 and the summons is dated March 23 and i didnt sign anything..it says i have 30 days but from what date furthermore..i have like many fallen under hard times....the debt is 8200 which i cant pay at this time..i was sick twice in a year and a half on disabilityand had slow work due to strikes....the plaintiff is a creditor not the origiinaal credit card...i dont rercall the properety purchased or what they can garnish or lien against...i owe the original debt but ave beeen delinquent in CA for more than a year or more....is bankruptcy a good option? im sure i should respond but what are my other options or ideas to respond . i dont own my car outright what can they lein against and im not working righht now and sizeablee garnishments whn i occassionally work wil kill my chance of just paying my bills. i do have other creditor debt but waant to keep one card since it is the same company wo holds my car title and car insuurance. HELP!!! thank you sooooo much
Mary

Mary

Joined: 06 Jul 2006
Mary's page
Posts: 684



17418 Magic Points

 
Posted on Mon Apr 20, 2009 10:47 am  

Hi Stacey
Since, you have already received the summon, I think that you should file a response to the summon in order to avoid default judgment. However, if you are sure that you will not be able to defend yourself in the court, you can choose not to file an answer to the summon. Bankruptcy should be your last option and you can include the judgment in bankruptcy if you want.
_________________
Where there's a will, there's a way !!
scott

scott

Joined: 28 Jun 2006
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Posts: 446



10890 Magic Points

 
Posted on Mon Apr 20, 2009 10:59 am  

Hi Maria
I would suggest you to first file an answer to the summon in order to avoid default judgment and then send them a debt validation letter by certified mail. Unless they can validate the debt, they cannot bring any judgment against you. Now, if you get the debt validated, you can find the details of the amount paid and the outstanding amount.
_________________
SCOTT

Use your credit account responsibly and enjoy a debt free life.
kcoologah
Guest






Subject: ansewer to summons petition
 
Posted on Mon May 18, 2009 4:53 am  

cival cases neighbors mother passed I bought the foreclosed home And her son is lying about us staying we are trespassing and harassing him.We live next door to him.He has filed a bogus temp protective order againstmy husband and myself.We have court June 9th on that. And the summons says we have 20days to ansewer. we are in oklahoma
rachael



Joined: 11 May 2009
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Posts: 233



6576 Magic Points

 
Posted on Mon May 18, 2009 8:24 am  

Hi kcoologah,

If you have bought the foreclosed home, I am very sure you have papers to prove, you legally own the house. What I suggest is file a response to the summons. Appear in court on the due date with all the documents you have. The judgment will go in your favor once the court sees all the documents. Good luck and keep me informed.
_________________
Looking forward to a debt-free life.
dane
Guest






Subject: bank chared off my 10k amount in 08, why am i being summoned
 
Posted on Thu Jun 18, 2009 6:21 pm  

Hello all,
last year becauz of financial diff. i could not pay one of two account with bank. I am summoned by law firm in san diego who has summoned me to court. Big Q. if bank has charged off my account as profit and loss, then why are they asking for this money or else is this law firms biz--buy debts. i will answer summon within stipulated time and state "deny it" ---reason being not sure whether the collection agency actually owns the debt-- then do i need to send debt validation cert mail to law firm. Is this the correct way to follow in safe and secure manner.

thanks for reply.
rachael



Joined: 11 May 2009
rachael's page
Posts: 233



6576 Magic Points

 
Posted on Sat Jun 20, 2009 5:36 am  

Hi dane,

A "charge-off" does not mean that you no longer owe the debt. A creditor charges-off an account, when you have missed payments continuously for 6 months. It means that he considers your account as a loss for his company and sells it to a collection agency (CA). The collection agency that owns your accounts, continues with the collection practices. A collection agency has the right to sue you, if you do not make any attempts to clear the debts.

Quote:
i will answer summon within stipulated time and state "deny it"


You can request the court to give you some time to validate the debt, as you are not sure whether you actually owe it. You must send a "Debt Validation Letter" to the CA. After the CA replies to your validation request, you should try to pay off the debt (or settle if you cannot afford to pay in full). By making a payment agreement with the CA, you can avoid any further involvement of the court.
_________________
Looking forward to a debt-free life.
melissaG
Guest






Subject: credit summons
 
Posted on Wed Jun 24, 2009 3:07 am  

I too have been summoned, papers were served to me at home but received by my mother (how embarrassing) not even in an envelope talk about privacy act. Anyhow document states that I should hire a lawyer? But from what I understand others are just showing up at court and filing a claim... I currently reside in CA , does this only apply to the state of CA.
It's just so sad that the economy took a down turn and caused some of us to loose our jobs that paid very well. I went from making 100k a year to just 36k. Got laid off as the company that I worked for went into bankruptcy and still fighting out non payment of last two weeks worked. Unemployed for six months finally got a job but for not even half of what i usually made. Now how is one to pay a mortgage, utilities and care for kids.
hylo
Guest






Subject: replying to court summons
 
Posted on Wed Jun 24, 2009 5:52 am  

Hi melissaG,

I understand your situation. Because of the economic slowdown, many others are facing similar situations. But there's no need to worry. Now that you have already got a job, it will be easier to make repayments for the debt accounts. I think you should plan a monthly budget, according to your current income. You must save as much cash as you can.

As far as I know, it is not necessary to hire lawyer, if you are able to defend your case on your own. You can tell the judge that you fell behind on your payments, as you were laid off from your job. You can request the court to put you to a monthly repayment plan that is affordable. If you are able to convince the judge, they will ask your creditors to accept the payment plan. Infact even creditors want to avoid going to court, as there is a fees involved.

Best wishes to you.
Debi
Guest






Subject: Wage Attachment
 
Posted on Mon Jul 27, 2009 12:34 am  

My minor son, who at the time was 17 when he was served
debi
Guest






Subject: wage attachment
 
Posted on Mon Jul 27, 2009 12:40 am  

My son was served court papers for me, and at the time my son was a minor 17 years old. I will be going to a court hearing soon and I stand to lose a lot of money on a Wage attachment, all because I did not ever recieve these papers that were served on me. There was a judgement made that the creditor will recieve money from me because i did not reply to the papers that were served. I am now trying to defend myself on this debt that was paid. Do I have any chance at all, and I can I still appeal.
carol

carol

Joined: 27 Jun 2006
carol's page
Posts: 1299
Location: Los Angeles, California


30027 Magic Points

 
Posted on Mon Jul 27, 2009 10:30 am  

Debi


Quote:
I am now trying to defend myself on this debt that was paid.


What documents do you have to prove this debt was paid. I hope you are carrying them with you to court.
_________________
Keep in touch
Carol
reem
Guest






Subject: how to answer summons
 
Posted on Thu Aug 20, 2009 10:04 pm  

Maria I am in the same boat. I also live in NV but the credit card was contracted in MI. The original debt was $5073 and now its over $6700. Like you mentioned the statue of limitatinos is 4 years in NV but 6 years in MI. Which is correct? Also, if its 4 years why should I even respond to the summons when its clearing over with. If its on teh 6 years statues of limitations why did they file in NV? What years of stateu of limiations is correct? Should I get attorney help? I have been helping my family out with all their bills and i am going to get married in 7 weeks. I dont want this to affect my future husband.
Nashanda
Guest






Subject: Summoned for monies owed
 
Posted on Tue Nov 17, 2009 11:11 am  

I had money borrowed from a friend and had failed to repay. Her lawyers contacted me with a request to pay the amount of 60 000 namibian dollars back in installements of 10 000 N$ which i unfortunately cant afford. They have informed me that they will have to continue with a court summon although i have hinded to pay 3000 N$ including lawyer fees. What am i to do now and what does it mean to be summoned to court. Whats the worse scenerio that can happen?
Aliciaum
Guest






Subject: Summons
 
Posted on Tue Nov 17, 2009 10:43 pm  

I was sued I owe and had made payments arrangements . I am making them on time..The attorney told me no need to response my court date is like a year out. Should i response anyway i do owe it, and the attorney didnt want to give me anythign in writing. I assume to save themselves if i stop paying. So they get the default and win..But I do owe it..should i answer anyway..

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