Answering a summons--Help Please

Submitted by Rhon on Tue, 01/12/2010 - 01:11
Forums

I am in a panic right now, we got served-being sued by credit bureau, for medical bills. I keep hearing about needing to answer-but I am so clueless-My husband went to the courthouse to get a form-and was told there is no "form" Do we type this ourselves? We got something that says--Return on service of summons-what is that? Do we fill it out??
I feel so overwhelmed right now.
Thanks

Hi Rhon

When did you get served? If you are still within the time limit of 20 - 30 days of answering summons, you may do so. When you received summons, you also must have received a document called 'complaint'. You will find a list of allegations made against you in this document to which you have to answer. You must put your answer against each allegation as 'agree', 'disagree' or 'partially agree' or similar words.

You may simply type out your response in a small paper if you choose to disagree with the allegations made against you and write a brief explanation why. You may also find a form inside your packet which you can fill out in response to the summons. Let me know if you make any progress.

Tue, 01/12/2010 - 09:54 Permalink

Carol

Thank you for your response--ok I think I get the answering part.
Now about a week before we were served the summons-the credit bureau called my husband at work-he tried to work out a payment plan with her and told her what we could pay as of right now-I am only working part time as of now-she said that was unacceptable-which I know is her right to- My question-Do we put that in our answer?? That we did try and it wasnt accepted.
We got served a week ago and have 20 days to respond

Thank you so much for your help

Tue, 01/12/2010 - 18:30 Permalink

Also it says on there that we owe for attorney and court costs--do I respond to that in my answer??

Tue, 01/12/2010 - 19:09 Permalink

Also there isn't a court date on the summons-the only thing that is actually signed by a Person is the lawyer-everything else is a stamped signature...I know I have a lot of questions but I could really use some help with this

Tue, 01/12/2010 - 22:21 Permalink
Papa Sam (not verified)

I really got myself into a bind this time. I was served a summons over a default debt on a wood chipper I signed for over 5 years ago for my son's tree business in which I was to become a partner (which never happend and I have never had possession of the chipper in question). He made payments for a few years, but times got bad in the tree business and he had other debts (like child support) he had to pay. Now this is the way I find out he has let the bill go for many months and I do not have the income to settle this debt. What can I do and what should I respond to the court?

Mon, 02/01/2010 - 16:19 Permalink
Papa Sam (not verified)

I really got myself into a bind this time. I was served a summons over a default debt on a wood chipper I signed for over 5 years ago for my son's tree business in which I was to become a partner (which never happend and I have never had possession of the chipper in question). He made payments for a few years, but times got bad in the tree business and he had other debts (like child support) he had to pay. Now this is the way I find out he has let the bill go for many months and I do not have the income to settle this debt. What can I do and what should I respond to the court?

Mon, 02/01/2010 - 16:20 Permalink

Hi Papa Sam,

As you have already received the summons, you should answer to the summons first. With the answer mention what kind of relief you want from the debt. Other than this, you can contact the wood chipper and request him to settle for a lesser amount. Make him understand that you are not financially stable and therefore not in a position to pay the whole amount. Explain to him the hardships you are facing. Talk to your son too, about this problem. If possible opt for debt consolidation.

Please keep in touch and let us know about the proceedings, if any.

Tue, 02/02/2010 - 07:16 Permalink
ld clark (not verified)

I was served a summons for debt collection. I interviewed an attorney who said he would make contact with the plaintiff's collection lawfirm and try to negotiate the debt down and set up a payment plan. Can he do that before answering the summons which is less than 30 days now? If they do settle do they just cancel the summons or does my attorney have to still have to answer the summons and show that the other side settled? Thank you.

Tue, 04/06/2010 - 18:56 Permalink

Hi ld clark,

Whether or not the summons will get canceled after the debt settlement, depends on the collection agency itself. You need to talk to them about this. Your lawyer too can talk to them regarding this, on your behalf. As for the settlement, your lawyer can try to settle it before answering to the summons.

Thanks,

Aaron

Wed, 04/07/2010 - 04:53 Permalink
lucille miller (not verified)

i am being sued by a collectors agency need help answering a summons please help me ?

Sun, 05/16/2010 - 23:17 Permalink
lynette curley (not verified)

We are in the hunt for attorney but we currently are being strapped down due to finances . We can't or i should state that we are unable to afford one. What can we do or call ? Court is on the 4th of October

Tue, 09/28/2010 - 16:42 Permalink
Kat1587 (not verified)

I too was summoned with no court date just paperwork saying I need to respond within the 30 days. I hesitated responding because $225 is a lot of money just to answer the summons. Is it really worth it if most of the time judgment may go against me anyway? I've read and read how important it is to respond but didn't realize that the cost of the filing fee. Please help! I only have until Fri Jan 9 to respond. **It was originally handed to my brother because I wasn't home and I was not notified until recently since I don't stay at my house most times. Thanks!!

Wed, 01/05/2011 - 05:27 Permalink
Lena (not verified)

A judgment was awarded against me and my husband. Now we got a summons for a motion and affidavit for examination hearing of debtor. Is this something we are required to attend? My mother is ill and on bed rest and I work full time.

Fri, 01/14/2011 - 01:40 Permalink
Donnie (not verified)

I answerd complaint ,The attorney or Plaintiff filed for default judgement saying complaint wasnt answered,This co has one of the worst reputations in the bus.What should I do now,

Tue, 10/11/2011 - 18:06 Permalink
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