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What do I do when I have been served a summons

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dawnwilson22



Joined: 17 Feb 2009
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338 Magic Points

Subject: What do I do when I have been served a summons
 
Posted on Tue Feb 17, 2009 7:15 pm  

Today I was served a summons. It says:

You have been sued by the above-named plaintif, and you are directed to file a written answer to the attatched petition in the office of the court clerk of ***** county located at, *********, within 35 days after service of this summons upon you exclusive of the day of service. Whitin the same time, a copy of your anser must be delivered or mailed to the attorney for the plaintiff. Failure to respond, in writin, within 35 days will result in a default judgment being entered against you.

No request will be made to the court for a judgment in the case until the expiration of 35 days after your receipt of the petition and summons. If you dispute the debt and/or request the name and address of the original creditor in writing within the 35 day period that begins with the receipt of the petition and summons, all collection efforts, including our proceeding with this lawsuit, will cease until we respond as required by law.

What is an answer? In my answer can I ask them to validate this debt? I have no clue what to do, I have never been sued before. Any help would be appreciated... Thanks
dawnwilson22



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338 Magic Points

 
Posted on Tue Feb 17, 2009 7:42 pm  

I don't know if it matters or not but I am in Oklahoma if that makes a difference.
Mary

Mary

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Posted on Wed Feb 18, 2009 1:16 pm  

Hi dawnwilson
An answer is a reply to the summon. You need to visit the court from where you have received the summon and fill up an "response to summon" form at the clerk's office. If you do not file the response within 35 days, a default judgment may be brought against you by the plaintiff and you may be required to pay off the debt even if you do not owe it. After filing the response, you can send a debt validation letter by certified mail to the creditor's attorney asking them to validate the debt they claim.
scott

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Posted on Wed Feb 18, 2009 1:24 pm  

No, you cannot ask for debt validation in your answer to the summon. All that you can do is to disagree that you owe the debt. Now as Mary said, you can ask for debt validation after you file a response to the summon. If they cannot validate the debt within 30 days from the date they receive your DV letter, they cannot bring judgment against you. However, to avoid default judgment, you should not only file an answer to the summon but also attend the court on the court date to defend yourself.
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goodnatured



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Posted on Thu Feb 19, 2009 4:10 am  

scott is exactly right, answer the summons so that they don't get a default judgement, show up and get the debt validation out as soon as possible, it is very important that you send the debt validation certified mail return reciept requested, keep copies of everything to present in court. More than likely they will not provide PROPER debt validation.

You still have to show up and defend yourself.
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Posted on Thu Feb 19, 2009 2:05 pm  

Would a sworn denial be considered an 'answer'? I don't really know how to answer because I don't have enough information on the alledged debt. Therefore I need a validation before I can answer. Does this make sense? Oh my gosh this stuff is sooo confusing.
Justin

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Posted on Wed Feb 25, 2009 1:18 pm  

Hi guest
To file an answer to the summon, you need to visit the clerk's office in the court from where you have received the summon. You need to fill up the form and can deny the debt that you have been charged with. After filing an answer to the summon, you need can ask the creditor to validate the debt by certified mail. The creditor can bring judgment against you only if they can validate the debt within 30 days of receiving the letter.
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Justin
Mg
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Subject: Question
 
Posted on Thu Feb 26, 2009 9:50 pm  

I am very confused. If the debt is yours, how can you fill out the form and deny the debt.

I have been served and this is the first time for me. I have been reading a lot about it and I am finding that I need to go to the court house and fill out a response to the summon. Once I do that, I am unsure what to do next. Can anyone help?
Justin

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Posted on Fri Feb 27, 2009 5:47 am  

Hi Mg
If you're sure that the debt is yours, you need not deny it, but if you're not sure whether the collection agency who has sued you actually owns the debt, you can deny it. Once you file a response to summon, you'll receive a court date where you'll be asked to justify yourself. If you fail to turn up on that date, a default judgment may be brought against you by the creditor.
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jane
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Subject: money I owe
 
Posted on Thu Mar 12, 2009 1:58 pm  

I have a summons- I owe the money- I have had some hard ecomical
problems - I want to pay the debt. In the reply to summons can I specify
what I can pay. Or is this usless.
fireyone



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Posted on Thu Mar 12, 2009 2:09 pm  

Jane, Have you tried calling the company that issued the summons on you? You must answer the summons regardless or they will get a default verdict but after you do I would make calls and let them know you are willing to pay the debt. This may keep the debt from actually going before the judge.
If they agree to it then get it in writing and also ask for a pay for delete which will remove the mark from your credit report once the debt is paid in full. Remember to get this before you pay the debt.
Jwl1358



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79 Magic Points

Subject: I have the same situation -upcoming court date
 
Posted on Thu Mar 12, 2009 5:37 pm  

The summons doesn't note to answer -only if you deny it. I owe part of the debt (1900 ballooned up to $4000) I fell on hard times (moved to another state -out of work 15 mths and $15k less in household and trying to catchup with mortgage, etc) and tried to work out a hardship plan with Capital One. However, they only consider health as an issue. I can pay $50-75 may squeak to $100, but they want $200 which I can not due at this time -so it's going to court. Should I respond to the summons besides appearing at court date and what docs. should I bring? I/we hope to be completely back on our feet by the end of the yr as we had owed taxes ($7k between feds/st) too which will be finishing paying when we file for refund. Any advice/information is greatly appreciated.
carol

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Posted on Fri Mar 13, 2009 6:46 am  

Yes, you should always file a response to the summon by visiting the clerk's office at the court from where you have received the summon else a default judgment may be passed against you by the creditor. You can either deny or agree to the charges brought against you in your answer to the summon.
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susan
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Subject: summons for a debt
 
Posted on Thu Apr 16, 2009 7:05 pm  

would shut off notices from public service, lasped insurance policies, demand to pay letters show that you just dont have the money and would the courts accept this sort of proof?
maria
Guest






Subject: how to answer summons
 
Posted on Sun Apr 19, 2009 6:28 am  

i was given a summons 4/9 at night by a las vegas law firm with a certain co as owner of the debt but the debt was a chase card debt from 2005 the amount on 2/2006 was $500+ but on the summons the amount placed was over $1000 and now they want over $1600 & they want me to agree by phoen before they give a contract. The total credit card debt shown in the papers they gave was $980 but they want $1679. I don't know who Unified CCR is - should I just deny it?what else should i do? do i need a lawyer? i live in NV..the statute of limitations is 4 yrs but as of 2/2006 my debt was $500, not the $1000 that was in the summons...& I'm not even sure it wasn't paid. HELP. Thx.

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