What do I do when I have been served a summons

Submitted by dawnwilson22 on Tue, 02/17/2009 - 19:15
Forums

Today I was served a summons. It says:

You have been sued by the above-named plaintif, and you are directed to file a written answer to the attatched petition in the office of the court clerk of ***** county located at, *********, within 35 days after service of this summons upon you exclusive of the day of service. Whitin the same time, a copy of your anser must be delivered or mailed to the attorney for the plaintiff. Failure to respond, in writin, within 35 days will result in a default judgment being entered against you.

No request will be made to the court for a judgment in the case until the expiration of 35 days after your receipt of the petition and summons. If you dispute the debt and/or request the name and address of the original creditor in writing within the 35 day period that begins with the receipt of the petition and summons, all collection efforts, including our proceeding with this lawsuit, will cease until we respond as required by law.

What is an answer? In my answer can I ask them to validate this debt? I have no clue what to do, I have never been sued before. Any help would be appreciated... Thanks

me (not verified)

Do I have to accept a summons?

Thu, 06/21/2012 - 23:50 Permalink
Ann (not verified)

I am being sued by a finance company because of bad reporting from a car dealership, one of those buy here pay here car lots. I got the car in 2010, i allowed the car lot access to my bank account to pay my payments so that they would never be late, there was a total of 3 times that i got permission to defer payments to the end of the loan and was told yes by the dealership but the dealership did not inform the finance company. I was unaware that the deferred payments were being reported late. i did not get it in writing because i purchased a car from them before and never had to do it. I don't know what to do when it comes to defending that i was given permission by the car lot to defer my payments since I don't have proof only the names of the people that said yes what good will it do? also end result they reprocessed my car after i paid thousands of thousands of dollars into an overpriced car.

Fri, 06/29/2012 - 00:08 Permalink
ros (not verified)

I have been paying on my capital one credit card every month now they area saying they will sue me I notice that the payment is going hirer and hirer I have stop paying but the monthly payment is nothing being applied to the what should I do

Thu, 10/25/2012 - 00:39 Permalink
John penkal (not verified)

I received a court summons by mail on nov 30 th 2012 it was dated oct 12th 2012 w no court date is this a judgement and how long do I have to respond from ohio

Sat, 12/01/2012 - 22:30 Permalink
quene (not verified)

the lawyers of my creditor have given me 10 days to repay $4000 due to my creditor and i don't have that kind of money. The debt was created when i borrowed some spares for my automobile garage and i have since liquidated it. I have been paying $100 for the past 3 months and the creditor feels its inadequate. Please help me by providing a sample response letter to the lawyers

Wed, 12/12/2012 - 03:36 Permalink
quene (not verified)

the lawyers of my creditor have given me 10 days to repay $4000 due to my creditor and i don't have that kind of money. The debt was created when i borrowed some spares for my automobile garage and i have since liquidated it. I have been paying $100 for the past 3 months and the creditor feels its inadequate. Please help me by providing a sample response letter to the lawyers

Wed, 12/12/2012 - 03:50 Permalink
sally ford (not verified)

what do i do if the summons is from out of state?

Mon, 01/21/2013 - 23:46 Permalink
trini (not verified)

I LIVED WITH MY KIDS FOR 16YRS,WITH 2 KIDS, CONSTANTLY ABUSING ME IN THE HOUSE,VERBAL AND PHYSCIAL, COULD TAKE THE KIDS, BECUS HAD NOWHER TO GO ,SO I LEFT THEM WITH HIM,SO HOW HE SERVE ME A SUMMON TO GO, SAID I ABUNDANT THEM, HOW HE IS TELL ME NOT TO COME TO COURT, SHOULD I EXPLAIN THE JUDGE THE REASON WHY I LEFT ?

Fri, 02/01/2013 - 02:25 Permalink
me (not verified)

I received a summons on the mail, it says it I disagree to file my answer to the petition of he court. Its a judgement against me for a large amount of money that i total disagree with. I have legal documentaton I can show where there debt amount is incorrect. What do i do??

Sun, 02/17/2013 - 19:03 Permalink
Marily (not verified)

My sister's "now-ex" had Visa remove his name from their joint account, BEFORE the divorce. 1) Now that she has received a summons for the entire amount, can we make Visa, (who has sold the debt to a collection agency,) show us the papers from day ONE when we took out the account--in court to the judge or to the collection agency's lawyers? It seems like fraud to us, and that Visa should not have done it. (The ex is very charming to the ladies.) 2) Or, failing that, can we bargain with the Collection Agency for a lowering of her half of the debt? Sister has little money left.

Tue, 03/26/2013 - 00:38 Permalink
Julian (not verified)

If the account is yours, the cdeirt card company in most cases will win the lawsuit and obtain a judgment against you from the court. Through the judgment, the court orders you to pay off cdeirt card bills. The judgment order gives your cdeirt card company the right to seize funds out of your bank account, garnish your wages and a host of other collection actions depending on your state. Some states such as Texas, do not allow wage garnishment unless it is the only way out for a cdeirtor to execute a judgment. States which do not allow garnishment may seize your bank accounts (also joint accounts) and sell off non-exempt property or place a lien on your property. However, such states cannot initiate a forced sale of your primary residence. In community property states like Texas, if you are sued for cdeirt card debts, your cdeirtor can seize joint marital property or place a lien against it even though your spouse may not have her name on the debt account.Source: bankdebt.org

Fri, 08/30/2013 - 19:12 Permalink
Milena (not verified)

If the account is yours, the crdiet card company in most cases will win the lawsuit and obtain a judgment against you from the court. Through the judgment, the court orders you to pay off crdiet card bills. The judgment order gives your crdiet card company the right to seize funds out of your bank account, garnish your wages and a host of other collection actions depending on your state. Some states such as Texas, do not allow wage garnishment unless it is the only way out for a crdietor to execute a judgment. States which do not allow garnishment may seize your bank accounts (also joint accounts) and sell off non-exempt property or place a lien on your property. However, such states cannot initiate a forced sale of your primary residence. In community property states like Texas, if you are sued for crdiet card debts, your crdietor can seize joint marital property or place a lien against it even though your spouse may not have her name on the debt account.Source: bankdebt.org

Mon, 09/02/2013 - 10:15 Permalink
Regina Robinson (not verified)

Im not sure what to do with this summons I received . It states I am required to appear in court, by serving an answer to the annexed complaint upon plaintiff's attorney within the time prevented by law.Upon failure to answer, judgement wil be taken against me for relief demanded in the complaint, together with the costs of this action.
You need not physically go to court to serve an answer.

Sun, 12/22/2013 - 01:43 Permalink
crorkz matz (not verified)

9OJH2V Really informative blog.Really looking forward to read more. Cool.

Tue, 08/05/2014 - 20:51 Permalink
Cherri (not verified)

I understand that I need to go to the court clerk and file my answer to the petition, but where can I get the Debt Validation form? Do I get that from the court clerk also?

Thu, 01/08/2015 - 17:36 Permalink
BJ (not verified)

I do owe use some of the amount in question; but I can not agree to the total amount. I paid the total amount requested monthly for all
student loans; however, the company decided to apply to only two out of fives loans without any notification. I was informed 6 months later that some of my loans were delinquent due to lack of payments, even though I paid the total amount due and never received any late payment notices or saw any late payment notices online as I continued to pay total amount due. 6 months later saying that I should have specified each amount for each loan. The total amount due was all loans were paid, not sure why specific amounts were needed, but was not told that either way. I need to have a day in court and willing to work out an arrangement, but this issue was totally falsified and purposely created by the plaintiff. Afterwards, they refused to work out an arrangement and sent out in default - after never paying late-
Amount due
Is this legal to allow such practice?

Thu, 03/10/2016 - 03:43 Permalink
Aly Chiman (not verified)

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Thu, 05/23/2019 - 15:29 Permalink
Guest (not verified)

my camel came up in a summons for car insurance ,to repair the other car in a crash ,their insurance .
my adjuster has repeatedly, confirmed that the case was settled/closed .

how long before my name is cleared ?

Wed, 10/09/2019 - 22:18 Permalink
Shewood (not verified)

The other car insurance ,is summon me to pay , my adjuster has confirmed that case is closed .would I still have to appear on the summon date

Wed, 10/09/2019 - 22:21 Permalink
spanishwomenzwr (not verified)

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Mon, 10/21/2019 - 10:44 Permalink
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Tue, 10/22/2019 - 21:33 Permalink
ukrainewomendlz (not verified)

Bruce Springsteen and Madonna are subcultures these days

Madonna, Performs live onstage after the 64th annual Eurovision Song Contest held at Tel Aviv Fairgrounds on May ukrainian babes 18 in Tel Aviv. (ervin Campanella/Getty Images)

Bruce Springsteen introduced his new album "western Stars" directly on June 14. (Danny Clinch/Danny Clinch)

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Fri, 10/25/2019 - 19:15 Permalink
moldovawomenitv (not verified)

5 reasons that online dating is the best find love

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Thu, 10/31/2019 - 10:12 Permalink