Forums
So I recently received a summons notice. It states I have 20 days to respond. I have 2 questions...
(1) I've gone through the forum looking for answers on how to respond to a summons but I am a bit confused. Do I have to draft a response myself OR go to the court office and fill out a response form?
(2) After receiving this summons, I spoke to a representative from the law office suing me and I asked for debt validation. Her response is that she cannot provide debt validation. I had to request that within the first 30 days of initial notification of the debt and if I want validation, I would have to go to court. Is that right?
Any advice is greatly appreciated.
You are entitled to debt validation. I would still send out by certified mail a debt validation letter. Make sure you answer the summons too to make sure they do not get a default verdict. You should be able to do all that with a form at the courthouse. I am wondering how old this debt is and what state you reside in. This makes a lot of difference as you may be protected by the statute of limitations. If this is the fact you could have this case overturned by letting the judge know its past the SOL. Get us that info and lets see if it applies in your situation.
I live in Nevada. I believe SOL is 4 years? I think I do fall within the 4 years.
I'm putting together the summons response now. I understand that I either deny or affirm everything the law firm has listed against me.
I've also read online somewhere that there is another part of the response where you list your defenses. What is that? And does my summons response have to include that?
One other question, in the summons, it lists XYZ Corp as Plaintiff vs. MYSELF DOES I through X and ROE CORPORATIONS I through X, inclusive, Defendants. What does DOES I through X and ROE CORPORATIONS I through X, inclusive, Defendants mean? One of the paragraphs says...
The Plaintiff does not, at present, know the true names and identities of those DEFENDANTS, both corporate and individual, herein joined as DOES I through X and ROE CORPORATIONS I through X, inclusive, but is informed and believes and therefore alleges that said DEFENDANTS are agents, employees, servants, and representatives of the names Defendant or persons or entities acting in concert with the names Defendant with respect to the debt and amounts due and owing herein pled who are liable to Plaintiff by reason thereof, and the Plaintiff prays leave to amend this Complaint to insert true names and identities with appropriate allegations when same becomes know.
Ack! What is that saying in understandable terms?
Thank you so much for the help!!!
I have just gone through this situation not to long ago so I hope I can be a bit of help to you.
1 - you can find the summons response at the court house, and yes you either affirm or deny all their allegations. If the SOL has indeed passed you would deny all the charges and as your defense list that the SOL has expired and you're no longer required to pay it. I'm not sure how the forms are in NV but here in AZ it was just one page where all the info was listed.
2 - You CAN ask for validation and are very much entitled to it. I asked for it AFTER I filed my answer with. When I sent the VD letter I gave a copy to the courts and sent it certified/return receit to the attorney and they validated. Make sure that ANY communicating you do with the attorney from now on is done in writing, and if you send them anything, also give a copy to the court.
But for sure find out if the SOL has expired and file your answer with the court.
And I have no idea what that means. I hope I've helped though.
A good way to show the SOL has passed is a copy of an old credit report. Would you ahve any old reports laying around by chance. You could also print off a new one but be sure to check the dates. Collection agencies have a bad habit of reaging the debt to make it look recent. This is a good reason why you should always use your three free pulls and print off copies of your report.
On my credit report, I was told to look at DATE OF LAST PAYMENT to determine whether I fall into the 4 year SOL? Is that right?
So I filed a summons response with the court, sent a copy to the CA via certified mail. I also sent the CA a request to validate the debt. It's been more than 30 days since I've heard from the CA. Is there a certain amount of time these CA have to respond? Do I just wait?
Hi joannetai,
I don't think CAs have a time limit within which they have to send you a validation for your debt. I would suggest you send them a DV letter mentioning a time span of 30 days within which they must validate the debt. Send it through certified mail and ask for a return receipt. Wait for 30 days after you have made a request for validation. If they do not validate within that time you could send them
The FDCPA states that if a company does not validate your debt it can no more pursue you for that account and should not contact you regarding the same account further.
joannetai Referring to your earlier question about the date of last payment. Yes you can look at the date of the last payment but there is also listings on your report that will show when the debt was 30, 60, 90 (and so on) late. The only thing I have ever been confused about was when to the SOL time clock starts. Some have told me once the debt has become 6 months late and others tell me it is from the date of the last payment. Hopefully someone can clarify this.
summon
I receive a summon and I called the attorney over the phone he made payment arragments and said he would mail a letter that I would have to sign and return so that he would send it to the court my question is that first conversation took place almost 3 weeks ago and has not send me any letter nor has he withdrawn any money I went to the court today and they told me a need a response what do I do? do I wait for the attorney eventhough the 30days are due this coming thursday or I go to court and look for that response form , desperate, thank you
Summons
We received a summons..to reply in 20 days...it that 20 working days or calendar days?
summons response
i dont owe
summons
Hi parkerr:
It will be 20 calendar days. You need to answer to the summons within 20 calendar days. If you can't answer to the summons within the stipulated time, the creditor or collection agency will win a default judgment against you.
shabana kausar:
Can you please be more clear on your query?
Thanks,
Aaron
summons
I received a summons and I am going to file bankruptcy, however if I get a judgement on my credit can I file bankruptcy on judgements or do they stay on through the bk. I live in California but I can't file for bk right now due to money issues. Please advise
yes, you can include judgments in a BK.
summons
I got a summons two weeks ago from a collecting agency. I'm going threw a credit counseling service since November of last year and this credit agency is aware of it. My credit counsiling has gotten a copy of my summons and informed to responed to the summons. They will take care of this matter. This is my first time. Will the court be in my favor because I have been on the credit counseling service..
summons
Hi chico,
First of all can you tell whether not this account has been included in the program? If it has been included, then did the colelction agency agree to the counseling agencies payment agreements? If they did agree, and if you or the counseling agency have the proof of the agreement, then you may be able to dismiss this case. However, you should understand that the court won't go in your favor only because you are enrolled into a counseling program.
Thanks,
Aaron
summons
The collection agency is aware that I'm going to an cousenling service Since back in November of 2009. BUt Does NOT want TO DEAL with them. The Cousneling is aware off this and has copy of the summons and Is working on it. They (counseling Service) informed me to respond to summons and turn in or in the day of the Court take a of My validations of Proof that your in credit counseling debt program. Before that datecome to apear in court the credit counseling was goin to work on this case. why the collection agency file an summons.
Thanks for response, I will Keep in touch.
chico
You need to make sure that they answer the summons in the allotted amount of time, here in Pennsylvania it is 30 days or the collection agency will win by default. You should contact the counselling agency and make sure that they follow through, ultimately in the end it will be your responsiblity to pay the judgement if they do not follow through and answer the summons.
Respond to summons
what exactly do I have to file to respond to a summons
responding to the summons
Hi Ronald,
You will have to file an answer to the summons. In the answer to the summons you will have to agree, and disagree to whatever the summons and complaint includes. For answering to the summons you can take help from the court clerk.
Thanks,
Aaron
help
i got served a summons today that was filed OVER A year ago w the court..is it still valid.allso its been over 5 years since i broke the lease on a house And calIFORNIA STATE LAW SAYS THEY HAVE FOUR YEARS TO FILE A SUIT AGAINST ME ..SO IF THEY FILE THE PAPERWORK W THE COURT PRIOR TO THE 4 YEARS ENDING BUT DIDNT SERVE ME TILL 5 YEARS DOES IT FAIL TO MEET THE STATUE OF LIMITATION
summons
Hi,
The creditor filed before the expiry of the Statute of Limitations. Thus, the lawsuit cannot be discussed. However, whether or not this summons can still be valid will depend on your state laws. I think you should consult an attorney regarding this.
Thanks,
Aaron
the court does not provide a response form in oregon is ther
where can i get a response form court doesnt provide one in oregon
summons
I need somene's help :/ I received a summons on July 2010, I wasn't sure what I was suppose to do, I did read it said I have to go to court January 18, 2011. I ran a credit report today, and it said I have 1 public records and when I looked it up it says I have a judgment against me from the credit company that was suing me. At this point I dont know what I'm to do...any suggestions any one? Can I still try to contact credit company to resolve payment plan? or do i have to just show up to court? I live in CA and I'm planning on filing for BK hopefully by March 2011....Your help will be greatly appreciated! Thanks!
summons
I receivied a summons last night....I live in california what is the time frame for SOL?
summons
I receivied a summons last night....I live in california what is the time frame for SOL?
DRalxHFguaUhvgJL
1dDVUd I am so grateful for your post.Really looking forward to read more. Great.
uLwGkBnXPvvXw
YpcomQ Great article.Much thanks again. Great.