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umjesse96
Joined: 31 Oct 2008
umjesse96's page
Posts: 1
50 Magic Points
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Subject: I just received a summons
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Fri Oct 31, 2008 3:55 am
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| i have received a summons for a debt in a stat i used to live in which i had thought was written off. I have been unable to pay any debts due to being single parent of disabled child, and am only able tow ork part time for years due to his disability. what do I do next? |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3927
57 Magic Points
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4285
140 Magic Points
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Sat Nov 01, 2008 1:47 am
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| Also pull up your credit report at "www.annualcredit" report.com. There you can get a copy for free. Now look to see when the original creditor listred the debt as 30 days late. Check with the states SOL. It has to be the state you aquired the debt in, not where you live now. If the SOL on the debt is up then you can use this as protection from being sued. You still have to respond to the summons and more than likely still go to court but if the debt is past SOL (statute of limitations) you need to point this out because unless they stayed the SOL they can not collect on this debt. |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3927
57 Magic Points
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1240
28942 Magic Points
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Sat Nov 01, 2008 8:14 am
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Hi umjesse96
If you have received a summon, you should immediately file a response to the summon within 30 days with the clerk's office in the court from where the summon was sent, else your creditor will win by default. Now after filing the response, you should send a DV letter by certified mail to the creditor. If they can validate it before the court date, ask them for a repayment plan and try to settle the outside the court to avoid judgment
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All the Best 
Justin |
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Angee
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Subject: continued
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Sat Nov 01, 2008 7:40 pm
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thanks to everyone for your help. I was in the process of considering to go bankrupt, started getting info on how to do it etc when I got this summons. I have a disabled child and am a single parent. When I cashed the check that came in the mail (I never requested it) I desperately needed it to help me move and was able to pay ridiculous payment plan because he was stable and younger. His disability has severe behavioral and agression problems so I have not been able to work full time for years. except for his SSI we live on my part time work about $700 monthly. so, I can not repay anything now and wont be able to for some time. I replied to the summons telling the judge this, is that ok?
Also I know the check came more than seven years ago in a different state that I lived in before going to wisconsin.any help woould be appreciated |
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carol
Joined: 27 Jun 2006
carol's page
Posts: 1307
Location: Los Angeles, California
29565 Magic Points
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Mon Nov 03, 2008 7:22 am
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Yes, since you have already filed a response to the summon, you will be given a court date where you can defend yourself against any judgment that can be put against you by the court. You can ask for some time from the court by which you can start repaying the loan. Can you tell me how much outstanding debt you have right now?
However, if the court still garnish your wages, it cannot garnish your entire wage. I think that 25% of the wage can be garnished. But SS benefit cannot be garnished.
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Keep in touch
Carol |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4285
140 Magic Points
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Mon Nov 03, 2008 11:56 am
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| Angee, you had said this debt was from over 7 years ago. You may have protection form the staute of limitations. What state did you aquire this debt? This really matters because different states have different statutes. Have you made any payments on the debt is the past few years? This really mattters because the SOL goes by the date of your last payment on the debt. Get me these facts and maybe we can help out here. |
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Adil Ahmed
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Subject: Summon California
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Thu Aug 06, 2009 4:17 am
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| I have received today a summon from the court that I have to respond. I have been sued by a debt collcetion agency. I am not refusing the debt. I paid $1,200 the first time 4 months and then $ 250 but unfortunately I make only a month a $ 1,000 with 4 kids. I sent to the collection agency a letter to reduce my monthly payment but they refused and filed a law sue against me. Please help how should I respond to the summon? Thanks |
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carol
Joined: 27 Jun 2006
carol's page
Posts: 1307
Location: Los Angeles, California
29565 Magic Points
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Thu Aug 06, 2009 11:11 am
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Hi Adil
A summon should never be ignored. If you have received on then do answer it and go to the courthouse when summoned. Keep your paper works handy and when you are there you will be given a chance to defend yourself. So prepare well when going to the courtroom. This might be your chance to convince the judge. You could let them know how much you can afford to pay each month depending on the money you make every month.
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Keep in touch
Carol |
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sldmdxyz
Joined: 19 Jul 2010
sldmdxyz's page
Posts: 3
40 Magic Points
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Subject: RESPONSE TO S SUMMONS 100 IN CALIFORNIA
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Mon Jul 19, 2010 7:24 am
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I LIVE IN SAN DIEGO COUNTY. I RECEIVED A SUMMONS FROM FRESNO COUNTY SUPERIOR COURT. DO I HAVE TO GO O FRESNO TO FILE A RESPONSE?
I WAS NAMES ALONG WITH 35+/- OTHERS BY AN INSURANCE CO REGARDING ALLEGED FRAUDULENT ACTIVITIES BY AN ORGANIZATION THAT I WORKED AT AS AN INDEPENDENT CONTRACTOR AS A LOCUM TENENS THROUGH YET A DIFFERENT COMPANY FOR APPROXIMATELY ONE MONTH IN FEBRUARY 2007.
I HAVE NO AND HAVE HAD NO ASSOCIATION WITH THEM EXCEPT AS AN INDEPENDENT CONTRACTOR. I DO NOT KNOW ANYTHING ABOUT THEIR BILLING PRACTICES.
NOW HOW DO I GET THIS ACROSS TO THE INSURANCE COMPANY SO THAT I CAN BE DROPPED FROM THE SUMMONS. |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2675
48567 Magic Points
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Subject: reply
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Mon Jul 19, 2010 9:12 am
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Hi sldmdxyz,
| Quote: |
| DO I HAVE TO GO O FRESNO TO FILE A RESPONSE? |
Can I know what exactly do you mean by this? You will have to answer to the summons within the stipulated time.
As for
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| NOW HOW DO I GET THIS ACROSS TO THE INSURANCE COMPANY SO THAT I CAN BE DROPPED FROM THE SUMMONS. |
I think you need to consult an attorney about this. The members here are not attorneys, and the problem you are in is quite a complex one. Thus, it is better to get help from an attorney. However, you should first read the summons and complaints for answering to it. You can deny to the charges brought against you. You should try to get ready the copies that can prove your point.
Thanks,
Aaron
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catlover
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Subject: debt collector
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Mon Feb 14, 2011 5:36 pm
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| I received a summons & complaint over the weekend, I plan on responding to it, I got my mail today and received a letter from a completely different company trying to collect on the same exact debt, can multiple companys try and collect at the same time especially when i received a summons from one already? Who really owns this debt, both parties are 3rd party companys and not from the original company from the loan. |
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Karah
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Subject: GPdlEtfKhnZKOK
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Wed Dec 14, 2011 11:29 pm
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| I came, I read this artcile, I conquered. |
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DEMMIGOD
Guest
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Subject: DAMN KARAH
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Fri Feb 03, 2012 6:20 am
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| FXXK YOU!! KARAH |
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