I received a summons from the court for debt creditor is try

Submitted by smokeyr008 on Thu, 05/15/2008 - 03:33

I received a summons from the court for debt creditor trying to collect debt, what response should i give the court? I have to file a response within 10 days

Hi smokeyr008

If you have already paid the debt, then you should visit the court as the judgment will go in your favor. However, if you still owe the debt, then try to make arrangements to pay back the debt so that you can avoid the court else it is better to show up for court to avoid arrest warrant. If the judgment goes against you then it may lead to Wage garnishment, a lien on your house or property if you own any, and seizure of money in you bank account. To avoid this, I think it is better to ask your creditor for a debt repayment plan that will suit you.

Thu, 05/15/2008 - 04:29 Permalink

You also want to try and pay off the debt before the answer date on your summons b/c otherwise you will have judgement info on your CR. This information stays on your report ALOT longer then other listings

Mon, 05/19/2008 - 06:50 Permalink

If you can not afford to pay this debt off and they won't accept payment arrangement you will need to at least show up at court. Sure the judgement will be on your credit report but at least if they do a wage garnishment you could explain any finacial distress to the judge and maybe he won't take an astronomical amount from your wages. I know it is stressful but hang in there. It can't go on forever. Good Luck.

Mon, 05/19/2008 - 11:46 Permalink

I too agree with Fireyone on this point that if you fail to come in terms with your creditor, you should at least visit the court because of two reasons - firstly to avoid arrest warrant and secondly to request the judge to minimize the amount of wage garnishment by showing your bad financial position.

Tue, 05/20/2008 - 08:40 Permalink

I received a summons from the court for debt creditor trying to collect debt, what response should i give the court? I have to file a response within 10 days

A few questions to help me help you:
:arrow: Did the CA try to contact you before this debt went to court?
:arrow: Did they give you proper time to request DV?
:arrow: Did they violate your rights under the FCRA in anyway?
:arrow: How old is the debt?
:arrow: What is the SOL in your state for that kind of debt?

Wed, 05/28/2008 - 06:10 Permalink

Hi smokeyr
If you have not sent a debt validation letter to the CA yet, you may send a DV letter immediately under certified mail. Now you may visit the court to avoid arrest warrant and show the court that you have asked for DV. In this way you can get some time to come to a agreement with your CA for repayment of debt. Now if you have already sent a DV letter and got a reply for the same, then you may contact your CA for a repayment plan to repay your debt, else the court may order wage garnishment as Scott pointed out. But agree to the repayment plan only if you think that it suits you and you can afford to pay it.

Wed, 05/28/2008 - 11:54 Permalink

I received a summons from the court for debt creditor trying to collect debt, what response should i give the court? I have to file a response within 10 days

OP has not returned, and the 10 days have come and gone...

Tue, 06/10/2008 - 06:21 Permalink

Hi Darryl
You need to file an answer within the period as mentioned in the summon with the clerk's office from the court where you have received the summon. There is no sample "reply to a summon" letter. You will receive the format in which you need to file the summon from the court itself. Each court has its own format for filing answer to the summon.

Wed, 01/21/2009 - 09:53 Permalink
anoym (not verified)

If I file for bankrupsy and I received a letter to go to the creditor court I should go?

Thu, 04/02/2009 - 13:22 Permalink

Yes, you should present yourself on the court date to defend yourself, else there can be a default judgment against you.
However, if there is judgment against you, the creditor cannot recover the debt if your bankruptcy petition gets discharged. But if your bankruptcy petition gets dismissed, the creditor can recover the judgment money from you. So you should try to avoid judgment.

Fri, 04/03/2009 - 12:42 Permalink
Anonymous (not verified)

but my attroney said I dont need to go bankrupsy will discarge that.

Sat, 04/04/2009 - 04:09 Permalink

Yes, your attorney is correct if your bankruptcy gets discharged. But if for some reason or the other your bankruptcy petition gets dismissed, and in the meanwhile the creditor brings default judgment against you, then you will have no other option but to allow either your wage or your bank account to get garnished.

Thu, 04/09/2009 - 09:56 Permalink
Charlee (not verified)

Cant hey garnish wages in florida if you are head of the household.

Wed, 05/27/2009 - 19:46 Permalink
needhearts (not verified)

if i make arrangements to pay debt in court is it still a jugement on my credit.

Tue, 06/23/2009 - 10:00 Permalink
HEARTS (not verified)

i CAN'T MAKE ARRANGEMENT AND THEY WITHHELD MY BANK ACCOUNT. WHAT SHE i DO. i JUST STARTED THIS JOB AND i HAVE OTHER BILLS TO PAY.

tHEY MAKE A JUDGEMENT AGAINST ME.

Fri, 12/11/2009 - 17:13 Permalink

First you could file to have the judgment vacated but you would have to have a good reason for doing this. I would not be putting anymore money in the bank account...any bank account with your name on it. If they do attach your wages then you would only be made to cough up a certain amount of your check. The amount depends but is not usually more than 25%. Therre may be nothing you can do but take care of the matter and put it behind you.

Sat, 12/12/2009 - 00:04 Permalink
nancy (not verified)

they called my job and told my boss that if i did not response they were going ahead with legal actions against me. i called but everyone i talk too on the phone were rude. the manager even told me to pawn something to pay by this friday. i asked why this gentleman called and said that to my boss and all they could say he was no longer working for them. what can i do. they would not accept any kind of payment. but i pay eight time their interest

Mon, 04/05/2010 - 15:32 Permalink

Hi Nancy,

Can you tell me what kind of payment they are demanding? The best way to stop payday loan companies harassing you is to pay them off. If you face difficulty in paying the dues within this Friday, borrow money from some relative or friend of yours. You should always refrain from taking payday loans in the future. Payday loans are even illegal in some states.

Hope this helps.

Regards,

Aaron

Tue, 04/06/2010 - 06:37 Permalink
julian ruiz (not verified)

I received a summons from a sheriff for one of my creditors, although, it was not stamped, and when I went down to the clerk’s office they informed me it wasn’t even filed with the court, what do I do now???? I live in Washington if that helps

Wed, 08/18/2010 - 17:48 Permalink
cb (not verified)

Received a summons without a court date, what shall I do

Tue, 07/30/2013 - 08:18 Permalink
Anonymous (not verified)

mr.t i sign for a motor cycle that cost 30.000 and 7.000 was let to payoff the party that was paying the payment defulted.the party will not return the bike and the repo people cant'nt get it. i reported stolen but i do not have insurance. the creditor are trying to serve me a summon after 3yr.if i go tell the judge my side of the story will they still make me pay the balance or how do i handle this situation.

Wed, 06/25/2014 - 01:44 Permalink

I agree with Carol.
However, if you are in the process of, or plan to file bankruptcy, you should share this information with your attorney. Generally, a bankruptcy attorney will notify the plaintiff in the action and apprise them that a) you are represented by legal counsel, and b) that you are in the process of filing for bankruptcy. Once the debt creditor receives this notice it is likely that they will dismiss the legal action.

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