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michellelynn0412
Joined: 25 Oct 2008
michellelynn0412's page
Posts: 2
133 Magic Points
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Subject: Summons response letter
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Sat Oct 25, 2008 2:24 am
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| I received a summons and need a sample letter to response to summons. I need to file the summons response ASAP. Any suggestions? Thanks! |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 4007
1222 Magic Points
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Subject: Response to summons
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Sun Oct 26, 2008 2:06 am
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I have a summons response letter on here some where, at this point not real sure where, scan through the forum under credit repair and see if you can find it, if not, let me know.
You basically have to admit and deny each statement in the summons. Just type it up just as they have written it up and put admit or deny at 5 the end of each one.
Make sure that you file your answer with the courthouse, as well as send a copy to the one that is suing you. good luck
_________________
Goodnatured,
http://cashinpocket.synthasite.com/
for all the ways I make $$ online |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1298
28935 Magic Points
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Subject: Filing response to summons is important
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Mon Oct 27, 2008 10:01 am
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You need to visit the court where the complaint was filed and file the response with the clerk. If you do not file a summons response the plaintiff may bring a default judgment against you to recover the debt which may even result in garnishment of your wages. After filing the response to summons, you will get a court date. You may ask for debt validation from the creditor before the court date by certified mail. If they cannot validate the debt before the court date, you may get some time till they validate it. If they validate the debt, you can come to a repayment agreement and settle the debt outside the court. However, if they cannot validate the debt, you should not pay it off even if they get a court date, as the judgment will never go against you.
_________________
All the Best 
Justin |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 4007
1222 Magic Points
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Mon Oct 27, 2008 1:50 pm
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It is imperative that you file a summons response with in the time frame on the paperwork as Justin has stated. Mine has been lingering on for two years now, but at least they did not get a default judgment against me.
_________________
Goodnatured,
http://cashinpocket.synthasite.com/
for all the ways I make $$ online |
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Mary
Joined: 06 Jul 2006
Mary's page
Posts: 730
17417 Magic Points
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Tue Oct 28, 2008 10:32 am
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Yes, if you file a response to summons, the case may continue for two to three years but there would not be any default judgment against you. In the court itself you can ask for debt validation from your creditor and if the creditor has not validated the debt till date, the court will give you another date by which the creditor must validate the debt in order to continue with the case.
_________________
Where there's a will, there's a way !! |
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michellelynn0412
Joined: 25 Oct 2008
michellelynn0412's page
Posts: 2
133 Magic Points
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Subject: Summons response letter
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Tue Oct 28, 2008 11:35 pm
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| Thank you all so much! But........HOW do I response to summons? Do I admit anything? I did have that account, but not with the Collection Agency that summoned me. Also, this is the second CA that "owns" this account. Does that mean that they have to prove that they bought it from the previous CA or the original creditor? |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1298
28935 Magic Points
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Fri Oct 31, 2008 10:08 am
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Hi michellelynn0412
Definitely, the new collection agency must validate the debt before you start repaying them. For this, you should send a debt validation letter by certified mail to the CA, but before that you should file a response to summons so that the CA cannot pass a default judgment against you. On the court date you can ask for some time from the court by producing the proof that you have asked for DV, which the CA has not validated till date.
_________________
All the Best
Justin |
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justin c
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Subject: How to response to summons?
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Tue Dec 30, 2008 8:48 pm
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| I am being sued for a traffic violation happened two years ago. i received a summons and must respond within 30 days. i am not sure what form i use. called the court in cali and they were no help. called insurance co and no help there. Please help me to file response to summons. |
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Mary
Joined: 06 Jul 2006
Mary's page
Posts: 730
17417 Magic Points
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Wed Dec 31, 2008 12:23 pm
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You need to file a response to summons at the court from where you have received else a default judgment may be brought against you to recover the fine amount. Mostly you need to file the response within 21 days, but if it is mentioned as 30 days in the summon letter, then you need to file teh summons response within 30 days. You should visit the clerk's office in the court where you will get the necessary help.
_________________
Where there's a will, there's a way !! |
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Bonnie
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Subject: Need help in composing a summons response
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Sat Jan 10, 2009 1:34 am
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| Need help in composing a summons response |
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Mary
Joined: 06 Jul 2006
Mary's page
Posts: 730
17417 Magic Points
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Mon Jan 12, 2009 10:39 am
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Hi Bonnie
You need to visit the court from where you have received the summon and file a response to summons. You may get the summons response form from the clerk's office. On the form you may mention whether or not you agree with the debt for which you have been summoned. Each court has its own format for filing response to summons and so you need to visit the court for this or contact an attorney. However, you must file a response within 30 days from the date you receive the summon.
_________________
Where there's a will, there's a way !! |
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vicky_88
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Subject: I was served summons yesterday.
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Fri Jan 23, 2009 2:35 pm
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| so do I go to the court house to file response to summons before the date to ask for a validation? |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1298
28935 Magic Points
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Sat Jan 24, 2009 7:03 am
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Yes, the first step is to visit the court from where you have received the summon and file a response to summons. After that you can ask for debt validation by certified mail to the creditor. You have 21 days to 30 days for filing a response to the summons which you will find mentioned in the summon itself. If you do not file a response to summons there can be a default judgment against you. So first file an answer and then go for debt validation.
_________________
All the Best
Justin |
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Ron
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Subject: Forecloser
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Sat May 16, 2009 6:22 pm
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| i have a 1st mgt. and a 2nd mgt. on a pice of property and the 1st guy is filing a forclosure what happens to me with the 2nd guy. |
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GQ
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Subject: SUMMONS FOR COMPANY LOAN GUARANTOR
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Thu Jun 04, 2009 2:26 am
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| I WAS WORKING FOR A COMPANY AND I GUARANTEE ALOAN FOR A PROJECT IN WHICH THE OWNER TOOK THE MONEY AND RAN THE BANK IS NOW SUING ME AS THE GURANTOR HOW DO I FILE A RESPONSE TO SUMMONS AND ASK FOR MORE TIME TO GET MY WITNESSES |
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