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How do I answer a summons?

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spola33



Joined: 13 Sep 2008
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Posts: 1



169 Magic Points

Subject: How do I answer a summons?
 
Posted on Sat Sep 13, 2008 7:17 pm  

How do I write a response to a summons? I just received it today and have 30 days to answer. I have looked on some forums and have found that I should answer that not enough information was provided to me. I just don't know exactly how the letter should be constructed. Is there an exact way to do it, or do I just simply write a paragraph stating my answer?

Thanks.
Nicegirl
Guest






 
Posted on Sat Sep 13, 2008 9:00 pm  

I also received something about a summons today. I received a note on my door saying that someone has attempted to deliver a summons and I must call a number. But doesn't say who from.
goodnatured



Joined: 03 Nov 2007
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374 Magic Points

 
Posted on Sat Sep 13, 2008 9:12 pm  

Spola33,

You will want to use exactly the same format that they did. When I recieved mine it was numbered statements. I called an attorney and he told me how to answer it. This is an example of what I did.

their statement:

1. Defendent resides at 124 abc lane in disney land.

I wrote

1. Admit: Defendendent does reside at 124 abc lane in disney land.

2. Defendant entered into contract for credit card number 345677.

My response

2. Admit: Defendant did enter into contract for credit card number 345677, but not with Plantiff.

Only admit what is true, if it is a collection agency like mine, I never entered into anything with them, they were not the original creditor. If it is a collection agency I would also send them debt validation and make sure that you send it certified mail, return reciept requested.

I have been through this process, if you have any other questions you can ask. Make sure that you file everything with the clerk of courts and send a copy to the plaintiff.

If you don't answer with in thirty days they will win by default.
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stretch33
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Posted on Sat Sep 13, 2008 9:47 pm  

Does it change anything that they say in the summons that I opened an account with the plaintiff's predecessor, and that the plaintiff's predecessor can be referred to as plaintiff?
goodnatured



Joined: 03 Nov 2007
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374 Magic Points

 
Posted on Sat Sep 13, 2008 10:11 pm  

How did they obtain the debt? Are they a collections agency that purchased the debt? Who are they?
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erb1953



Joined: 31 Dec 2007
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-100 Magic Points

 
Posted on Sat Sep 13, 2008 10:59 pm  

It will make a difference if it is a collection agency.
stretch33
Guest






 
Posted on Sun Sep 14, 2008 4:44 am  

It is a creditor that purchased the debt from B of A. They are Midland funding.
goodnatured



Joined: 03 Nov 2007
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Posts: 3931



374 Magic Points

 
Posted on Sun Sep 14, 2008 3:59 pm  

Okay, so you are in the same situation as me. Mine was/is Cach bought mine from providian.

*** you should register here then you won't have to keep coming on as a guest, it is free and you can earn some money while you post.

anyway,
You never had a contract or a card with midland, you need to answer the summons as I stated above. You did have a card but not with midland. Admit or deny each statement. I would also do the debt validation with them, send the letter certified mail return reciept requested, file a copy of this with the clerk of courts so that it is on record too.

I have tried to get debt validation three times this way and have not gotten anything valid so far. I am waiting for an arbitration to come up, it has been almost two years (clerk of courts says it is still there, checked last week) Any way mine will consist of a group of three attornies and from what the lead attorney told me is that they will NOT only have to prove that I owe the debt but that I owe the debt to them. I have requested validation three times, all certified, all signed for by them through return reciept requested. I have filed all this at the clerks office.

When we go into the court room I will present these three requests and then again request it in person in front of the attornies, if they don't own it then they can not collect it.

I was really nervous when I recieved this summons, I have since learned what the laws are and how to handle these junk debt buyers, I will not cower down to them. I say, register here, learn what you can through questions and discussions and fight these guys. You never had a contract with them.

Bank of America has probably already charged this account off and have gotten there loss accounted for, you may end up getting a letter from the irs to count it as income one of these days, this did happen to me, anything over $600 written off and is your gain is considered your income.

I hope you register and stick around, make sure you answer with in the time frame so these vultures don't win through default. We are here to help you out.
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fireyone



Joined: 26 Feb 2008
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95 Magic Points

 
Posted on Mon Sep 15, 2008 12:25 am  

Wow alot of people have Providian deliquencies. I have one and Midland has mine. I have not heard from them since spring (knock on wood). I hear they are real slimy people to deal with. GN if they were trying to sue you don;t they have to serve you with papers first before getting any type of judgement?
j
Guest






Subject: Still wondering!...
 
Posted on Tue Nov 18, 2008 12:51 am  

As the initial question was stated.. The person is asking HOW TO STRUCTURE THE RESPONSE - HOW TO WRITE IT - WHAT TO SAY.. and again this forum is the same exact situation the person was talking about.. Everyone gets off subject. Forget the rare case where you are actually questioning the validity of the debt.. How do you address it in the MAJORITY of the cases.. where you know the debt is true. ? HOW YOU DO YOU STRUCTURE THE RESPONE - WHAT DO YOU SAY?
carol

carol

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30038 Magic Points

 
Posted on Tue Nov 18, 2008 3:54 am  

Hi Guest
There is a format in the court itself following which you need to file a answer to the summon. But you need to file the answer within the date allotted to you by the court. In addition to filing the response, you should also send a debt validation letter to the creditor or the creditor's attorney by certified mail, so that if within the court date if the creditor does not provide you with proper validation, the court cannot bring any judgment against you.
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Justin

Justin

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28944 Magic Points

 
Posted on Tue Nov 18, 2008 4:06 am  

Along with filing a response to the summon, you can also include a motion to dismiss the case which the plaintiff has started against you if you want to do so. But you should do so within the time frame the court has set for filing your response. In the meanwhile, you can send a DV letter, and if the creditor can validate your debt, you can come to a settlement deal with the creditor to repay back the loan. In this way you can avoid the judgment against you which may lower your credit score by as much as 100 points.
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goodnatured



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374 Magic Points

 
Posted on Tue Nov 18, 2008 3:16 pm  

If they pursue this with out validation you can make a demand during the discovery phase.
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fireyone



Joined: 26 Feb 2008
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95 Magic Points

 
Posted on Tue Nov 18, 2008 11:20 pm  

They shouldn't be allowed to even collect on the debt if they didnot validate ,if you asked, prior to the court date. If they were asked to validate and didn"t with in 30 days I would believe they should have to dimiss it regardless. Wonder if it works this way? Any clue Gn?
Mary

Mary

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17420 Magic Points

 
Posted on Wed Nov 19, 2008 10:25 am  

If the creditor does not validate the debt, but sue you to the court, they will not be able to bring judgment against you to garnish your wage or bank account in order to recover the outstanding debt. However, if you do not file a answer to the summon, a default judgment may be brought against you. Although you can vacate the default judgment later, it is always better to avoid judgments by filing the response. In the response you can mention that you do not agree with the debt as the CA has not validated it.
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