My disabled veteran husband was served the Civil Summons 10 days ago. The Plaintiff is Discover Card. Please help him to prepare the best way to respond.
You need to respond to the summons within the time mentioned with the summons. This time is of utmost importance. If you don't respond to the summons within the mentioned time limit, a default judgment can be brought against you.
Maybe, the way to respond to the summons has been provided with the summons itself. However, if it has not been provided, you can visit the clerk of the court, where the judgment has been filed. The clerk will be able to help you and your husband.
Along with the answer to the summons you can also file for the exemptions. Exemptions are of various kinds, like personal property, pension money, vehicles etc.
In addition to what Aaron has advised I would send a validation letter to the creditor in which they will have to stop all legal proceedings until they can validate the debt. They have to show proof that they legally own the debt, there licensed to collect debt in that state, the statute of limitations hasn't expired and a few other things I believe. Make a copy of this letter that you sent as well as retain the certified mailing numbers. Then track the mail and make copies of the page that shows when the letter was recieved.
This might not get rid of the whole thing, but it will definitely stall it a little and possibly give you some more ammo for your case. As well as I would file a hardship letter with the response to your summons explaining your hardship and showing your insolvency. If you are not insolvent-meaning you have enough money each month to pay your bills on time then it might not be a good idea to include your income & expenses on the hardship letter. You want to make your hardship letter sound as gloom and doom as possible. :)
I am not an attorney or qualified to give any legal advice. Your basis of action should not be acted on solely on the the information on these forums. For accurate and professional help you should seek the advice of an attorney that is well versed in these matters.
How to respond to summons
Hi kyhome,
You need to respond to the summons within the time mentioned with the summons. This time is of utmost importance. If you don't respond to the summons within the mentioned time limit, a default judgment can be brought against you.
Maybe, the way to respond to the summons has been provided with the summons itself. However, if it has not been provided, you can visit the clerk of the court, where the judgment has been filed. The clerk will be able to help you and your husband.
Along with the answer to the summons you can also file for the exemptions. Exemptions are of various kinds, like personal property, pension money, vehicles etc.
For more details you can refer to
http://www.creditmagic.org/summon/reponse-letter.html .
Feel free to ask if you have any more queries regarding credit and debt. :)
summons
In addition to what Aaron has advised I would send a validation letter to the creditor in which they will have to stop all legal proceedings until they can validate the debt. They have to show proof that they legally own the debt, there licensed to collect debt in that state, the statute of limitations hasn't expired and a few other things I believe. Make a copy of this letter that you sent as well as retain the certified mailing numbers. Then track the mail and make copies of the page that shows when the letter was recieved.
This might not get rid of the whole thing, but it will definitely stall it a little and possibly give you some more ammo for your case. As well as I would file a hardship letter with the response to your summons explaining your hardship and showing your insolvency. If you are not insolvent-meaning you have enough money each month to pay your bills on time then it might not be a good idea to include your income & expenses on the hardship letter. You want to make your hardship letter sound as gloom and doom as possible. :)
I am not an attorney or qualified to give any legal advice. Your basis of action should not be acted on solely on the the information on these forums. For accurate and professional help you should seek the advice of an attorney that is well versed in these matters.
ELBanSHuWY
NixVVH Enjoyed every bit of your post.Really thank you!
ZbttuDcfsHRYUSgw
PV52H8 wow, awesome article.Really looking forward to read more. Really Great.