How to deal with summons and debt validation letter

Submitted by Hammer on Thu, 04/16/2009 - 22:08
Forums
Credit repair

Hello all,

I received a summons a couple weeks ago and am trying to figure out how to handle it. The deadline is a little less than a month away. I want to make them validate the debt because I don't think they can (they make no reference to the original account number or anything, and its an old debt).

So should I mail the debt validation letter to them still and then wait to answer the summons? Or answer the summons by saying that I dont think I owe because the debt hasn't been validated?

With the deadline less than a month away I just wonder the effectiveness of mailing it to them.

Thanks in advance for any input. Much appreciated.

Justin

You need to file an answer to the summon first and then send the debt validation letter to the creditor. If you do not file the answer to the summon, the creditor can bring a default judgment against you either to garnish your wage or your bank account. While filing the answer to the summon, you can mention that you do not agree with the debt because you have still not asked for debt validation.

Fri, 04/17/2009 - 08:36 Permalink
Bill (not verified)

How do I handle a court sommons for a credit card debt.

Thu, 05/14/2009 - 19:42 Permalink
rachael

Hi Bill,

File a response to the court summons and show up in court on the due date. When answering the summons, ask for a debt validation. Once the debt is validated, you can request for a payment plan from your creditor or the collection agency. Out of court settlement is better for both parties, the debtor and the creditor, as it saves a lot of bucks. But if you do not show up in court on the designated date, the court can bring default judgment against you and garnish your wages or your bank account.

Fri, 05/15/2009 - 04:30 Permalink
john g (not verified)

need to answer to summon, they did include a coppy of the credit monthly bill is that enough for to validate the debt or i can ask for the them to verify the debt

Sun, 06/06/2010 - 17:34 Permalink
Aaron

Hi lagalag & john,

For answering to the summons you can get help from the court clerk form where you were served with the summons. You will have to visit the court from where you were served, and request the court clerk their to help you in answering to the summons.

If you have any attorney, you can get help from him too.

Thanks,

Aaron

Mon, 06/07/2010 - 12:06 Permalink
Kate (not verified)

Answer the summons. If you need a form, go online and find the court. They should have a help center. You will need an Answer - Contract, because credit cards are sued under contract law. Then fill it out and file it with the clerk. Then write a letter to the company suing you asking for Debt Validation. Send it certified mail return receipt requested. Be sure and mention in your answer that you tried to work with the credit card company and they would not commit to any agreement in writing. You will get back from the court a document that will state the time and place of the hearing. Go to the hearing, tell the judge you want arbitration or some other remedy that forces the credit card company to work it out They won't get the judgement. But you will have to pay them something.

Sun, 03/13/2011 - 21:33 Permalink
baby jane (not verified)

DON'T DEAL WITH THE CEDITOR GO AND FILE ITS EASY AND IF YOU CANT AFFORD THE FEES THEY WILL WAIVE ALL FEES.wait for your court date and show up.its your dept you dont need an body to fight for you.

Wed, 05/18/2011 - 00:28 Permalink
matzcrorkz (not verified)

aMHf9t I really like and appreciate your post.Much thanks again. Keep writing.

Wed, 08/06/2014 - 03:59 Permalink