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
I don't know if it matters or not but I am in Oklahoma if that makes a difference.
Hi dawnwilson
An answer is a reply to the summon. You need to visit the court from where you have received the summon and fill up an "response to summon" form at the clerk's office. If you do not file the response within 35 days, a default judgment may be brought against you by the plaintiff and you may be required to pay off the debt even if you do not owe it. After filing the response, you can send a debt validation letter by certified mail to the creditor's attorney asking them to validate the debt they claim.
No, you cannot ask for debt validation in your answer to the summon. All that you can do is to disagree that you owe the debt. Now as Mary said, you can ask for debt validation after you file a response to the summon. If they cannot validate the debt within 30 days from the date they receive your DV letter, they cannot bring judgment against you. However, to avoid default judgment, you should not only file an answer to the summon but also attend the court on the court date to defend yourself.
scott is exactly right, answer the summons so that they don't get a default judgement, show up and get the debt validation out as soon as possible, it is very important that you send the debt validation certified mail return reciept requested, keep copies of everything to present in court. More than likely they will not provide PROPER debt validation.
You still have to show up and defend yourself.
Would a sworn denial be considered an 'answer'? I don't really know how to answer because I don't have enough information on the alledged debt. Therefore I need a validation before I can answer. Does this make sense? Oh my gosh this stuff is sooo confusing.
Hi guest
To file an answer to the summon, you need to visit the clerk's office in the court from where you have received the summon. You need to fill up the form and can deny the debt that you have been charged with. After filing an answer to the summon, you need can ask the creditor to validate the debt by certified mail. The creditor can bring judgment against you only if they can validate the debt within 30 days of receiving the letter.
Question
I am very confused. If the debt is yours, how can you fill out the form and deny the debt.
I have been served and this is the first time for me. I have been reading a lot about it and I am finding that I need to go to the court house and fill out a response to the summon. Once I do that, I am unsure what to do next. Can anyone help?
Hi Mg
If you're sure that the debt is yours, you need not deny it, but if you're not sure whether the collection agency who has sued you actually owns the debt, you can deny it. Once you file a response to summon, you'll receive a court date where you'll be asked to justify yourself. If you fail to turn up on that date, a default judgment may be brought against you by the creditor.
money I owe
I have a summons- I owe the money- I have had some hard ecomical
problems - I want to pay the debt. In the reply to summons can I specify
what I can pay. Or is this usless.
Jane, Have you tried calling the company that issued the summons on you? You must answer the summons regardless or they will get a default verdict but after you do I would make calls and let them know you are willing to pay the debt. This may keep the debt from actually going before the judge.
If they agree to it then get it in writing and also ask for a pay for delete which will remove the mark from your credit report once the debt is paid in full. Remember to get this before you pay the debt.
I have the same situation -upcoming court date
The summons doesn't note to answer -only if you deny it. I owe part of the debt (1900 ballooned up to $4000) I fell on hard times (moved to another state -out of work 15 mths and $15k less in household and trying to catchup with mortgage, etc) and tried to work out a hardship plan with Capital One. However, they only consider health as an issue. I can pay $50-75 may squeak to $100, but they want $200 which I can not due at this time -so it's going to court. Should I respond to the summons besides appearing at court date and what docs. should I bring? I/we hope to be completely back on our feet by the end of the yr as we had owed taxes ($7k between feds/st) too which will be finishing paying when we file for refund. Any advice/information is greatly appreciated.
Yes, you should always file a response to the summon by visiting the clerk's office at the court from where you have received the summon else a default judgment may be passed against you by the creditor. You can either deny or agree to the charges brought against you in your answer to the summon.
summons for a debt
would shut off notices from public service, lasped insurance policies, demand to pay letters show that you just dont have the money and would the courts accept this sort of proof?
how to answer summons
i was given a summons 4/9 at night by a las vegas law firm with a certain co as owner of the debt but the debt was a chase card debt from 2005 the amount on 2/2006 was $500+ but on the summons the amount placed was over $1000 and now they want over $1600 & they want me to agree by phoen before they give a contract. The total credit card debt shown in the papers they gave was $980 but they want $1679. I don't know who Unified CCR is - should I just deny it?what else should i do? do i need a lawyer? i live in NV..the statute of limitations is 4 yrs but as of 2/2006 my debt was $500, not the $1000 that was in the summons...& I'm not even sure it wasn't paid. HELP. Thx.
summons for debt
I was served a summons on April 19 and the summons is dated March 23 and i didnt sign anything..it says i have 30 days but from what date furthermore..i have like many fallen under hard times....the debt is 8200 which i cant pay at this time..i was sick twice in a year and a half on disabilityand had slow work due to strikes....the plaintiff is a creditor not the origiinaal credit card...i dont rercall the properety purchased or what they can garnish or lien against...i owe the original debt but ave beeen delinquent in CA for more than a year or more....is bankruptcy a good option? im sure i should respond but what are my other options or ideas to respond . i dont own my car outright what can they lein against and im not working righht now and sizeablee garnishments whn i occassionally work wil kill my chance of just paying my bills. i do have other creditor debt but waant to keep one card since it is the same company wo holds my car title and car insuurance. HELP!!! thank you sooooo much
Hi Stacey
Since, you have already received the summon, I think that you should file a response to the summon in order to avoid default judgment. However, if you are sure that you will not be able to defend yourself in the court, you can choose not to file an answer to the summon. Bankruptcy should be your last option and you can include the judgment in bankruptcy if you want.
Hi Maria
I would suggest you to first file an answer to the summon in order to avoid default judgment and then send them a debt validation letter by certified mail. Unless they can validate the debt, they cannot bring any judgment against you. Now, if you get the debt validated, you can find the details of the amount paid and the outstanding amount.
ansewer to summons petition
cival cases neighbors mother passed I bought the foreclosed home And her son is lying about us staying we are trespassing and harassing him.We live next door to him.He has filed a bogus temp protective order againstmy husband and myself.We have court June 9th on that. And the summons says we have 20days to ansewer. we are in oklahoma
Hi kcoologah,
If you have bought the foreclosed home, I am very sure you have papers to prove, you legally own the house. What I suggest is file a response to the summons. Appear in court on the due date with all the documents you have. The judgment will go in your favor once the court sees all the documents. Good luck and keep me informed.
bank chared off my 10k amount in 08, why am i being summoned
Hello all,
last year becauz of financial diff. i could not pay one of two account with bank. I am summoned by law firm in san diego who has summoned me to court. Big Q. if bank has charged off my account as profit and loss, then why are they asking for this money or else is this law firms biz--buy debts. i will answer summon within stipulated time and state "deny it" ---reason being not sure whether the collection agency actually owns the debt-- then do i need to send debt validation cert mail to law firm. Is this the correct way to follow in safe and secure manner.
thanks for reply.
Hi dane,
A "charge-off" does not mean that you no longer owe the debt. A creditor charges-off an account, when you have missed payments continuously for 6 months. It means that he considers your account as a loss for his company and sells it to a collection agency (CA). The collection agency that owns your accounts, continues with the collection practices. A collection agency has the right to sue you, if you do not make any attempts to clear the debts.
i will answer summon within stipulated time and state "deny it"
You can request the court to give you some time to validate the debt, as you are not sure whether you actually owe it. You must send a "Debt Validation Letter" to the CA. After the CA replies to your validation request, you should try to pay off the debt (or settle if you cannot afford to pay in full). By making a payment agreement with the CA, you can avoid any further involvement of the court.
credit summons
I too have been summoned, papers were served to me at home but received by my mother (how embarrassing) not even in an envelope talk about privacy act. Anyhow document states that I should hire a lawyer? But from what I understand others are just showing up at court and filing a claim... I currently reside in CA , does this only apply to the state of CA.
It's just so sad that the economy took a down turn and caused some of us to loose our jobs that paid very well. I went from making 100k a year to just 36k. Got laid off as the company that I worked for went into bankruptcy and still fighting out non payment of last two weeks worked. Unemployed for six months finally got a job but for not even half of what i usually made. Now how is one to pay a mortgage, utilities and care for kids.
replying to court summons
Hi melissaG,
I understand your situation. Because of the economic slowdown, many others are facing similar situations. But there's no need to worry. Now that you have already got a job, it will be easier to make repayments for the debt accounts. I think you should plan a monthly budget, according to your current income. You must save as much cash as you can.
As far as I know, it is not necessary to hire lawyer, if you are able to defend your case on your own. You can tell the judge that you fell behind on your payments, as you were laid off from your job. You can request the court to put you to a monthly repayment plan that is affordable. If you are able to convince the judge, they will ask your creditors to accept the payment plan. Infact even creditors want to avoid going to court, as there is a fees involved.
Best wishes to you.
Wage Attachment
My minor son, who at the time was 17 when he was served
wage attachment
My son was served court papers for me, and at the time my son was a minor 17 years old. I will be going to a court hearing soon and I stand to lose a lot of money on a Wage attachment, all because I did not ever recieve these papers that were served on me. There was a judgement made that the creditor will recieve money from me because i did not reply to the papers that were served. I am now trying to defend myself on this debt that was paid. Do I have any chance at all, and I can I still appeal.
Debi
I am now trying to defend myself on this debt that was paid.
What documents do you have to prove this debt was paid. I hope you are carrying them with you to court.
how to answer summons
Maria I am in the same boat. I also live in NV but the credit card was contracted in MI. The original debt was $5073 and now its over $6700. Like you mentioned the statue of limitatinos is 4 years in NV but 6 years in MI. Which is correct? Also, if its 4 years why should I even respond to the summons when its clearing over with. If its on teh 6 years statues of limitations why did they file in NV? What years of stateu of limiations is correct? Should I get attorney help? I have been helping my family out with all their bills and i am going to get married in 7 weeks. I dont want this to affect my future husband.
Summoned for monies owed
I had money borrowed from a friend and had failed to repay. Her lawyers contacted me with a request to pay the amount of 60 000 namibian dollars back in installements of 10 000 N$ which i unfortunately cant afford. They have informed me that they will have to continue with a court summon although i have hinded to pay 3000 N$ including lawyer fees. What am i to do now and what does it mean to be summoned to court. Whats the worse scenerio that can happen?
Summons
I was sued I owe and had made payments arrangements . I am making them on time..The attorney told me no need to response my court date is like a year out. Should i response anyway i do owe it, and the attorney didnt want to give me anythign in writing. I assume to save themselves if i stop paying. So they get the default and win..But I do owe it..should i answer anyway..
summon
i was served with a summon, and should i find an attorney to answer to the summon.
VERBAL SUMMONS BY JUDGE
ITS AGAINIST MY SON AND I DONT WANT TO GO AND DONT WANT TO PRESS CHARGES. THE POLICE AUTOMATICALLY PRESSED. I WANT THE NO CONTACT ODER VACATED HELP
SUMMONES
DO I HAVE TO GO? I CANT BEAR TO SEE MY SON LIKE THIS MY HEALTH IS POR
Im being summon
well i have this letter that say im being summon, but i have paid this bedt the day after i came i got the letter. please tell what i can do? i call the collection agency and they said that i have recieved their letter and never cal them or write to them. and i told them that i didn't because i don't own any credit at the clinic its been paid and i have the receipt. please help washington
DEBT VALIDATION
WERE I CAN GET A DEBT VALIDATION FORM,
CALIFORNIA
WERE I HAVE TO SAND THE DV
reply
Hi Washington state,
If you are sure that you don,t owe any debt then you can send a cease and desist letter to the company. Under the FDCPA rules if you send a cease and desist letter to a creditor, he is supposed to stop contacting and harassing you, otherwise you can sue them. Be ready with the proof of your pay receipt. You can find a sample cease and desist letter in
http://www.creditmagic.org/repair/cease-desist-letter.html
Hi Aror,
You can get a sample debt validation letter from http://www.creditmagic.org/repair/sampleletter-debtvalidation.html
You need to send a debt validation letter to the creditor or the collection agency to know if you really owe the debt.
so i just got a summons as well.... am i allowed to contact the law firm thats suing me and just try to pay my debt before this actually goes to court and such? id really rather not go thru all of that it was the doctors fault this all happened in the first place but id rather just pay it and get it over with
court summons and debt settlement
Hi em,
You can contact the creditors attorney, if you want to settle the debt with the creditor. It is better than getting a court judgment, as it stays on your credit report for seven years.
If you will be able to pay a lumpsum amount, the creditor may agree to your request of settlement. However, remember to request the creditor to agree to a "Pay for delete" (PFD). With this agreement, your account will get reported as either "Paid in full" or "Paid as settled". However not every creditor agree to a PFD.
awesome! thank you. i didnt know if i was allowed to contact them or not i didnt want to cross any lines or anything haha i am not one to enjoy getting in trouble. so will i still have to go down and fill out the paper work at the courts too?
answering the summons
Hi em,
As your case has been taken to court, and you had been served a summons, you need to answer to it and fill out the paperwork too.
Hope this helps. :)
thanks
alright thanks... yup i called them up paid them in full even though my dad still thinks i should have fought them i just wanted it done and over with lol. so i will just go ahead and go to the courts and fill out the paperwork as well. thank you so much for all the help!
no paperwork
i went to the courts there are no forms or paperwork they just sent me right home to come back later on after taking a blank piece of paper and "to write whatever you want" on the paper haha.... when all they coulda done was be nice enough to give me a piece of paper i would have even paid for it just so i wouldnt have to go all the way back again over a piece of paper. sooo go prepared bring a piece of paper and pen/pencil with ya folks! just in case lol
summons
just got summons on a $1100 debt do i have rights as a debtor, although the debt is mind
court
I have made a settlement with the law firm over a debt, but I know that they must have a judgement made against me, my question is do I need to appear in court for this?
summons
Hi mae:
As you have received a summons, you need to answer to that within the stipulated time mentioned with the summons. You have rights as a debtor. Thus, you can file for exemptions with the summons. Exemption can be on your vehicle, your property etc. However you can contact the clerk where the judgment has been filed and inquire into the details of the exemption and how to answer to the summons.
Lindey:
It is not a must, that they had a judgment against you. You can contact the law firm and inquire into the details. You can also pull your credit report and check if any judgment has been listed against you. Moreover as they have settled, I don't think that they have a judgment against you.
When I said setttlement, I meant that we agreed upon a payment plan for the amount owed. I am assuming this is why they still need a judgement against me. Do I need to be there for that? Sorry about the confusion. Thanks so much.
reply
Hi,
What is the settlement on? Is it on the debt amount, or the judgment amount? If the settlement is on the judgment amount, you need not go to the court anymore. However, if the settlement is simply on the debt amount, and the judgment had been filed before, you need to appear in court. Whatever may be the case, you should have a written copy of the settlement.
summons friend
ok so a yr ago a friend took a loan out and forgot about it now they have served him with a courts summons wanting $800 plus ... he tried calling and settling outside of court. though he cant really afford the $100/week til its paid off thats what he offered it would make things tough for him but he would do it. but they wouldnt take it. they want $205/week for 4 weeks and he absolutely cannot afford that not if he wants to keep his apt and food andn such... but they wont back down or work with him. he doesnt want to go to court. would court be the best bet for him? or would that just be more expensive and make things worse?
summons
Hi,
Your friend should make a copy of his monthly income and expenditure. Then he can send a settlement request to the creditor or the collection agency. He should mention that he would definitely like to pay but is unable to pay the high amount because of the financial condition. Along with the letter he needs to attach the copy of his monthly income and expenditure.
Hope this helps.
Regards,
Aaron
dates on summons
my summons says i must make a response in twenty days from feb 19th and i recieved the summons the night of march 16th how is this descrepency possible and what actions should i take?