I rec'd a knock at the door yesterday, hand delivered notice for a citi financial acct that I owe money to. I was hoping to have this paid off with going through a mortgage broker to refinance the sales agreement we have on our house but decided (with your help) that this was not a wise move and possibly a scam. So I started to look for a part time job in addition to my full time job just to get caught up and pay off some old debts (about 2k) and we need a savings for emergencies when they arise. Well got a phone call late this week to start my part time job this monday. So my question is how do I keep this from becoming a public record or judgement (I already have one judgement and it will be paid off in Dec and I don't need another one) I should mention this loan is secured by my older car and I live in Pa. Any suggestions on how to proceed with this? I know I need to pay it but how can I keep from making my credit worse than it already is? TIA
If you only need a few weeks until the closing, it will be very easy to do this. First, it is absolutely essential to find the courthouse and answer the summons. You can find " templates " for the correct format for the answer, and the answers need to be denials of virtually all the points except the obvious: your name, your address, etc. Everything else you answer with " Denied ", and you file the answer with the county clerk's office on the summons. Make sure you get a stamped and dated copy of your answer. If you ask the clerk they will sometimes tell you whether states laws compel you to send a copy of your answer to the plaintiff, whose address is on the summons. There is a period of 10-20 days after your answer, then many other things begin to happen. If you answer immediately you actually give up two to three weeks on the time frame, because the plaintiff's time period starts when you answer, not at the end of the original 20 days in the summons. So you can eat up some time for your mortgage by answering at the END of the summon's time frame. Just don't forget to answer. Let me know if you need the template for the answer. I hope this makes sense. Let me know if it does not.
From the time you received the summons you can easily eat up almost two months just by timing your answer as BellaRuss mentioned. But let me encourage you, again, to begin working on your answer NOW. you can file it later but start to work on it tonight.
Great advice from Woops, no doubt about it. Get it done, just like your homework in school, and find out how and where the clerk is. Then confirm the drop dead date with the county clerk by showing the summons to her/him and say " when is the last date I can submit this answer "? That way you'll stretch the time frame for your mortgage, but like a bungy cord you don't want to risk it too much. Leave some slack.
If you need time, file a Motion To Dismiss if they're is no contract attached to the back of the Complaint/Motion for Judgement. A simple 12(b)(6) should work but, check your rules of civil procedure. If there is an Agreement attached thereto (I doubt it) file a Motion for a More Definite Statement/Bill of Particulars. In either event, make sure to get in a dispositive motion/responsive pleading. You have to do so to avoid default. Unfortunately, the public record may nonetheless be recorded simply by virtue of the filing of the complaint. Nevertheless, you still must answer it.
I'm not getting the mortgage refinanced, It appears to be a scam (see my earlier posts) mortgage broker lines you up with a person to refinance you and pay off all your debts only to eventually take your home and charges you 35k to do this. With our scores being the way they are I seriously doubt anyone would lend money to refinance our sales agreement we have. So any other suggestions? Date filed is 4/23 hearing time is set for 6/08/07.
Bump up. I am not able to do a refinance due to our scores and the broker we were going to go with was just to risky and possibly a scam. Any other suggestions on how or what to do next?
How should I file an answer? I know I owe the debt and I'm not disputing it but I didn't have the money to make the on time payments and it fell behind but now that I'm working a part job in addition to my full time job as soon as I get a check or 2 I'll be able to get this caught up. So how should I answer the complaint?
When you read the summons and complaint, it will have a list of claims. Except for the obvious claims, like your name and address, you deny everything, point by point, and make them prove everything. Use the format of the summons for your answer. MS Word has a template for this format, and the clerk of your court might be willing to show you the sample form if s/he is nice. This is a guide to answering and understanding a summons, possible responses, etc, from someone I trust: http://webpages.charter.net/ohgeez/
Well . . . if it doesn't have a Contract attached to the Complaint, move to dismiss. Other than that, you could file a Motion for a More Definite Statement to prove up the charges. Or simply file an Answer such as Bella suggested. If you don't do anything, you have no shot. The goal here is to protract and frustrate. Otherwise, just go in and pay it off and get a signed Stipulation of Dismissal w/ Prejudice.
My papers read as follows Page 1 of 2 Top right hand corner Civil Action Hearing Notice and mentions the plantiff which is lender and all info is correct under that is my name last name first then my first name and my address which is also correct then gives a docket no and date filed 4/23/07 and on upper left side of page it states mag dist no and plase where hearing is to be held (district magistrate office) and then my full name and address appears all info is correct. Then mentions A civil complaint has been filed agaist you in the about captioned case. A hearing has been set in this matter for and then gives the date 6/08/07 and time and mentions the district court office and address and phone number. Notice to Defendant If you intend to enter a defense to this complaint you should notify this offfice immediately at the above telephone number . YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO , JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. IF YOU HAVE A CLAIM AGAINST THE PLAINTIFF WHICH IS WITHIN MAGISTERIAL DISTRICT JUDGE JURISDICTION AND WHICH YOU INTEND TO ASSERT AT THE HEARING, YOU MUST FILE IT ON A COMPLAINT FORM AT THIS OFFICE AT LEAST 5 DAYS BEFORE THE DATE SET FOR THE HEARING. PUSUANT TO PA R.C.P.D.J.NO. 342(B)(2) NO CLAIM MY THE DEFENDANT WILL BE PERMITTTED IN A SUPPLEMENTARY ACTION FILED FOR FAILURE OF JUDGMENT CREDITOR TO ENTER SATISFACTION. NOTICE TO PLAINTIFF PURSUANT TO PA. RC.P.D.J. NO 318 YOU OR YOUR ATTORNEY WILL BE NOTIFIED IF THE DEFENDANT GIVES NOTICE OF HIS/HER INTENTION TO DEFEND. IF YOU ARE DISABLED AND REQUIRE A REASONABLE ACCOMMODATION TO GAIN ACCESS TO THE MAGISTERIAL DISTRICT COURT AND ITS SERVICES , PLEASE CONTACT THE MAGISTERIAL DISTRICT COURT AT THE ABOVE ADDRESS OR TELEPHONE NUMBER. WE ARE UNABLE TO PROVIDE TRANSPORTATION. DATE PRINTED 4/23/07 3;25:28 PM PAGE 2 OF 2 READS AS FOLLOWS TOP HEADER SAME AS PAGE 1 EXCEPT FOR COSTS OF FILING COST - SERVICE COSTS - CONSTABLE ED. TOTAL 152.50 PA R.C.P.D.J. NO 206 SETS FORTH THOSE COSTS RECOVERABLE BY THE PREVALLING PARTY. TO THE DEFENDANT: THE ABOVE NAMED PLAINTIFF ASKS JUDGMENT AGAINST YOU FOR 8,000 TOGETHER WITH COSTS UPON THE FOLLOWING CLAIM (CIVIL FINES MUST INCLUDE CITATION OF THE STATUTE OR ORDINANCE VIOLATED): FAILURE IN REPAYMENT OF LOAN # XXXXXX DATED XX/XX/XX THE BALANCE ON THE ACCOUNT IS XX,XXX.XX THE AMOUNT PAST DUE IS 279.79 THE DATE OF THE LAON WAS XX/XX/XXXX THE ORIGINAL LOAN MT WAS XXX.XX WE HAVE TRIED TO CONTACT THE CUSTOMER BY PHONE AND LETTER THE RESULT OF ATTEMPTED CONTACT WAS ; NO RESPONSE LAST PAYMENT DATE 3/30/2007 AMT: 115.00 THE THE MGR OF CITIFINANCIAL VERIFY THAT THE FACTS SET FRTH IN THIS COMPLAINT ARE TURE AND CORRECT TO THE BEST OF MY KNOWLEDGE INFORMATION AND BELIEF. THIS STATEMENT IS MADE SUBJECT TO THE PENALITIES OF SECTION 4904 OF THE CRIMES CODE )19 PA. C.S. 4904) RELATED TO UNSWORN FALSIFICATION TO AUTHOURITIES AND THEN HIS SIGNATURE. AND THEN THE IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER YOU MUST APPEAR AT THE HEARING AND PRESENT YOU DEFENSE UNLESS YOU DO , JUDMENT MAY BE ENTERNED AGAINST YOU BY DEFAULT. IF IF YOU HAVE A CLAIM AGAIST THE PLAINTIFF WHICH IS WIHIN DISTRICT JUTICE JURISDICTION AND WHICH YOU INTEND TO ASSERT AT THE HEARING YOU MUST FILE IT ON A COMPLAINT FORM AT THIS OFFICE AT LEAST 5 DAYS BEFOR THE DATE SET FOR THE HEARING. IF YOU AR DIABLED AND REQUIRE A RESONABLE ACCOMMODATION TO GAIN ACCESS TO MAGISTERIAL DISTRICT COURT AND ITS SERVICE, PLEASE CONTACT THE MAGISTERIAL DISTRICT COURT AT THE ABOVE ADDRESS OF TELEPHONE NUMBER. WE ARE UNABLE TO PROVIDE TRASPORTATION. I SHOULD ALSO MENTION THAT WHEN I TOOK OUT THIS LOAN ONE OF THE TERMS WAS FOR THEM TO HOLD MY CAR TITLE FOR THE LOAN. I THOUGHT IF I JUST GOT THE PAYMENTS CAUGHT UP ALL WOULD BE OK ???? I WOULD HAVE SPOKE TO THEM ABOUT THE LATE PAYMENT BUT ALL HE DOES IS MAKES YOU FEEL LIKE YOUR NOT WORTHY OF THE AIR YOU BREATHE. I ASKED THAT THEY NOT CALL MY CELL PHONE AND REPEATEDLY AS HE WAS CALLING 3-4 TIMES A DAY. WHEN WE DID SPEAK HE ASKED WHY I HAD NOT CALLED HIM AND I TOLD I WASN'T GOING TO BE BULLIED INTO A PAYMENT THAT WASN'T POSSIBLE RIGHT NOW. ALL I'M TRYING TO DO RIGHT NOW IS WORK AND GET MY DEBTS UNDER CONTROL/PAID ON TIME AND KEEP FOOD ON THE TABLE.
Unless you pay this by 6/08/07, it will goto court, and unless you can find some grounds that any of their information is incorrect, they will get a judgment.
If they get a judgement what can I expect to happen? What does a judgement do (other than appear on my credit report as a negative debt) I live in Pennsylvania.
They will go after any assets that are in your name. Usually, depending on the balance, they will use an investigator to uncover hidden assets as well.
Update I have an appointment with an attorney on Friday. I called 2 different attorney's one is a free consultation and the other is 75.00 and then charges a retainer both are saying file bk but honestly I made the debt and should pay it and have taken ownership by taking an extra job to get it caught up and pay some old debt on my credit report and improve my scores.
If you file a MTD because no contract is attached, and then they produce one, could you respond to that with a Motion for a More Definitive Statement to prove up the charges?
Civil Action Hearing Notice I have the same issue as Pa1205...a "Civil Action Hearing Notice" I did find that it was filed in the wrong county. There are two counties for teh city I reside in. They have it noted on the civil hearing for the wrong county. Is there anything I need to do. I would like to have this matter taken care of ASAP. Please ANYONE help.
Easy. File a motion to dismiss for lack of geographical jurisdiction. Of course, you will have to tell them where you do live in order to get them to dismiss on that grounds. The chances are that the court won't actually dismiss the case but will likely just have it transferred to the other county. That's what usually happens.
