How do I answer a summons?

Submitted by Roxy on Tue, 05/11/2010 - 03:30
Forums
Credit repair

I'm sure this is a question often asked, but here I am asking it again. I was served a summons last week that said I am being sued for a credit card debt I haven't been able to pay on in awhile. I don't dispute the debt, but I also don't know what to do about it. How do I answer a summons if I don't dispute the debt? Also, receiving a summons indicates to me that there will be a hearing or something, but I don't see any information regarding that on there. Furthermore, if I manage to work out a payment plan with the company before the date that I need to answer the summons, then what happens? I live in Michigan, I don't know if that matters.

cinnamngrl

Is there a docket number? because this case may not have been filed yet. I would call the court or go there to verify. They do this to intimidate you.

It is ok to DV a collector even if you believe you owe the debt. It can give you some time to negotiate.

Michigan Statutes of Limitation

Breach of Contract: 6 years, (MCL 600.5807(8).

Breach of Contract for Sale of goods under the UCC: 4 years: including deficiency actions following repossession and sale of goods subject to a security interest, (MCL 440.2725(1).

Judgments: 10 years, but are renewable by action for another 10 years, MCL.600.5809(3).

NOTE: Another state's limitation period may apply check statutes carefully.

this case should fall under the 6 years. when was the last payment made?

Tue, 05/11/2010 - 10:35 Permalink
Aaron

Hi Roxy,

As you have been served with the summons you need to answer to that, otherwise the creditor or collection agency suing you will win a default judgment against you. However, you can check out if there is really any lawsuit filed against you using the docket number. For that you can visit the court where the case has been filed, and check out if any case has been filed against you.

As for answering to the summons, you can request the court clerk to help you in answering.

Thanks,

Aaron

Wed, 05/12/2010 - 07:02 Permalink
anniec (not verified)

I have the same exact situation as Roxy except I live in Oregon..what do I do?

Mon, 10/18/2010 - 20:09 Permalink
cinnamngrl

do you have all your credit reports?
what state are you in? OR
what is the original creditor and the name of the CA?
what is the date of first delinquency? 30 days after last payment

this information will help me make suggestions specific to your case. The state will determine the statue of limitations for this debt. knowing the name of the OC original creditor, will help show if there is a specific govt regulating agency that can help so rt out the truth. Knowing the exact dates is very important too.

Tue, 10/19/2010 - 10:43 Permalink
Cynthia M. (not verified)

I am going through a debt company - not helping much- and they are trying to settle with Chase but haven't yet and I have to file a answer in two days - been waiting to see if they settle. What do I have to write in the answer or motion?

Wed, 04/27/2011 - 19:25 Permalink