how to answer a summons from another city

Submitted by michellejones76 on Wed, 08/27/2008 - 12:42
Forums
Credit repair

i was just summons on aug 23 for credit debt . The address listed on the filed documented is from a city i no longer live in at an address i no longer reside. I have not been at that adress in over a year. The complaint is dated for june 30 2006. My question is how do i reply to this complaint of debt owed?

fireyone

From what I understand..I have never been down this road myself..you have to go to the courthouse and file an answer. You only have up to 30 days to do this or they will win by default. Can you call the courthouse that the summons was filed in and maybe ask them what your next step is. Or if you want to keep it out of court and the SOL has not passed maybe you can call the collector and set up a settlement amount and payment arrangements. a lot of these companies would rather settle a debt out of court. It is less expensive and easier this way.

Fri, 08/29/2008 - 01:27 Permalink
Anonymous (not verified)

Fireyone is right. You have 30 days from the date you receive the summon to file a response. You need to visit the court where the complaint was filed and fill up the "response to summon" form. In the meanwhile you should send a debt validation letter to the creditor asking him to validate the debt. If they do not validate the debt, the judgment will be in your favor and so there is no need for you to worry. However, if they send you a validation, you should come to repayment agreement with the creditor to payback the debt before the court date.

Fri, 08/29/2008 - 06:42 Permalink
anthony

Hi michellejones76
If you do not reside in the city where the complaint was filed, you can consult an attorney to help you out to file a response to the summon. However, if you do not file a response, the creditor can bring judgment against you to garnish your wages or your bank account till the time the debt is fully repaid. But if you file a response, and then negotiate with the creditor for repayment of the debt, you may avoid garnishment.

Fri, 08/29/2008 - 07:01 Permalink
fireyone

I imagine an atty. comes with a hefty fee so if you haven't moved too far away you may want to make the trip and fill out the reply. The forms aren't too hard from what I have seen and I am sure someone in the courthouse can help you. Also be sure to send that debt validation letter. It is never wise to pay a debt in collections that isn't validated.

Fri, 08/29/2008 - 13:19 Permalink