I am in over my head and things just get worse everyday. Mom,Dad,Brother all die within 13 months, leaving me in big mess. Husband had stoke and hurt me and kids. We left. I lost three businesses and three rental houses to foreclosure. I am living in fully paid for fathers house on farm that has been in the family for years. It in bad shape but a roof over me and kids. I found a job and feel blessed it gets us by but barely. Today I find a Alias Summons I guess kids found stapled to house cause it has staples in it and I was not given this. It says legal action has been filed against me in local court and I need to respond in 20 days in writting or judgement by default may be taken this is a debt for 31,510.53. My business left much debt that could not be paid and the banks took all I had. I think this is just one looking for me because my business's were in Michigan and I move to Kentucky. My brothers widow is sueing for the farm which is a corp. farm and all stock in my name. I have one judgement in Michigan from the Credit Union that got all my properties over two million in foreclosure I owed 400,000 and they got a judgement on me for 350,000. Which I think is crazy since they got way more in the properties then i owed anyway it is what is and I have no money to fight or protect myself. i have several questions. One I need to know about what to do with this Alias Summons. I am not even sure it is my debt. i owe much but can I or should I send a letter asking them to prove mine? Then if that not what to do what do I do. Send letter or go to court? Who do I send letter to both or one? What is my next step on this and I am running out of time. I found this and it came on 10th tomorrow 18th sun 20th so I guess they take an answer on Monday maybe? I have not talked to attorney over this because but I have talked to attorney over my whole situation. He say bankruptcy only way for me. I do not want to file bankrutcy and loose the farm. I am scared to death! But mostly I just get alot of could happen and maybes. Chapter 13 sounds best to me if I had to file. Could they or would they take the farm? I now i would have to figure out were to get some monies monthly to make some kind of payments but that lasts only 5-7 years and all the remaining debt washes away or at least that what I read in everyone elses comments is this true? I have more details and glad to share but I am embarrassed of all these problems and until I had one disaster after another and Michigan died eight years ago in the economic problems I had never been late in 25 years of business. All was good and I had perfect credit. Please respond soon to the alias summons cause it looks like I am out of time almost.
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advise on alias summons
Hi jerri,
Welcome to this community :)
One I need to know about what to do with this Alias Summons
Alias summons is the one which is served in place of the actual summons, when the actual one expires for some reason. Now, as you have received the summons you need to answer to it. You can disagree to what the complaint form has to say.
I am not even sure it is my debt. i owe much but can I or should I send a letter asking them to prove mine? Then if that not what to do what do I do. Send letter or go to court?
You can visit the court, and request the court clerk to show you all the paperwork. You will come to know from there whether this debt is at all valid. You can also request the court clerk there to help you in answering to the summons. You can also talk to your attorney about this. It is better to consult an attorney in such a situation.
Can you tell what kind of debt it is? If you can provide more specific details on your debt, then I may be able to provide you more accurate answers to your problem.
As for the bankruptcy, if you can repay your debt after settling your debts, or through debt consolidation, then you need not file bankruptcy. Bankruptcy gives you a fresh start, but it ruins your credit for 7-10 years.
Thanks,
Aaron
Alias Summons/Bankruptcy
Thanks for your advise. The Alias Summons is coming from FIA which I assume is debt collection. It is probabley mine, but I do not know this for sure and it would be unsecured credit card. I have been trying to make best decision on what is some pretty hard choices. My credit is currently cooked and I am learning not to need any. I am not sure I will ever borrow any money ever again. Cash or I do not need it. That is not going to help me now, however. My sister filed bankruptcy and she said it is the worst thing ever, that the Trusty owns your life and can make things pretty bad for you. My luck has been pretty bad so I would probably get someone that really wants to make example of me. I want to state clearly that if I had any choice I would have been glad to pay my bills, but they got bigger then me. If you file bankruptcy can the trusty break a trust/ or a corporation trust. This farm is in a corporation but I have all stock. I have not filed tax's since 2007 when father died because of estate issues. I do not owe so I will be ok there however I need to do something to protect this farm and all I get from attorney is maybe or mights. I can't live with that, I need to know the law. I only have this family farm left and broken down house to restart my life. My attorney says the trust that I wrote before father died and the estate letigation can be back dated and funded and used but he said that the the trust may or may not be a safe place. I think that loosing to debt might possibly be the most stressful thing in life. I stay in constaint worry. I am not ready to file for bankruptcy I do not have my taxes done and the farm is in the letigation. I would love to share more of that detail but only if you ask because I feel like I am imposing as it is. I have never been in a chat room and well there is just a bunch of things I have never done!!! Please ask anything you like I am so glad to have someone to talk to!!!