I received a summons from the court for debt collector

Submitted by question on Mon, 08/31/2009 - 23:12
Forums
Credit repair

I received a summons from the court for debt collector and i have 30 days to answer. if i want to settle with the collector, should i send them a letter asking them so; and if they agree should i send the payment trusting they will withdraw and cancel the lawsuit. how should i proceed; i am not sure if i should answer the summon; this way i will be given a court date, but i really don't want to go to court. please help. thanks

carol

Hi

If you still have 30 days to attend the summon you may try and negotiate with your creditor and arrange for a out-of-court-settlement. Get a pay for delete agreement in writing and only then pay your creditors anything. In case your creditors don't agree, you must not miss the summon. If you miss the summon your creditors might get a default judgment against you and let me tell you THIS you surely don't want :)

Tue, 09/01/2009 - 11:14 Permalink
question

carol
WHERE DO I GET THE pay for delete agreement FROM?
do i have to send an answer to the court for the summon anyway; or should i contact the collection agency for a settlement first to make a payment; and trust them that they will withdraw the law suit and the summon. what if i send an answer to the summon asking for debt verification which i never got; does that mean i have to attend and fight this in court. i am trying to figure out the best way to handle this.
so in summary these are my questions
1- even if my last name is mispelled on the summon, does that mean this summon is meant for me?
2- what if i choose to setlle this out of court and ask them to withdraw the summon, do i still have to answer the summon?
3- they never sent a proof or verification of debt; however, if i send an answer asking for it, does that mean i have to attend and fight this in court? (i have no money for a lawyer and no time to fight this)
4- how does the statue of limiation work; should i look when the account was closed; or when i made the last payment?

thanks

Tue, 09/01/2009 - 11:19 Permalink
question

i just obtained credit reports from 2 different sites and there is no sign of that credit card or any collection agency for that debt. does that mean it's cleared out now. do i have the right to answer the summon and tell them that this debt is no longer active. or could they still come after me for some reason. please help. i have to send an answer soon and should i send the copies of the credit reports? thanks

Tue, 09/01/2009 - 16:12 Permalink