How to respond to summons - Credit Repair Forum from Creditnet
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  1. #1
    postbro1 is offline Junior Member
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    How to respond to summons

    Like every other new person here I have no clue where to start with this. I received a summons today (5/1/08) for a bad credit card debt ($3,556) from 2004 (October) from a law firm representing CACH, LLC. This after my calling them to try to make arrangements to pay the debt. I called and asked them to send me the information on the account and they said they would. After about a week or so of not receiving anything from them I called back to ask again for the information. They said they sent it but would do so again in case it got lost. I never received anything and decided to let it sit for a moment while attempted to pay off another bad credit card that was for more. I made the call to them back on 3/11/08 and now I see the papers were filed on 3/13/08. So basically they lied when they said they would send the information (I know that isn't relevant but I am needless to say angry that they are going this route when I obviously was contacting them to make good).

    Prior to this I hadn't received anything from them which was basically because they didn't know where to locate me after my last address on file.

    Basically after all that I just need to know what to do next? I live in California so if anyone knows what a next step should/could be I would appreciate the help. Also, they just left the summons stuck between the door knob and jam. Not handed to me personally. Thanks.

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  3. #2
    apexcrsrv is offline Registered User
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    You need to file a responsive or special pleading. A motion for a more definite statement is a good procedural manuever as is a motion to dismiss if they've attached nothing to the Complaint proving it is your debt. An affidavit isn't sufficient typically but, check you state rules.

  4. #3
    postbro1 is offline Junior Member
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    They did attach the complaint for breach of complaint. So I guess that requesting a dismissal is out?

    Maybe I should call a lawyer since I have no clue how to file a responsive or special pleading. What might I even say in them? In the responsive maybe I can say that I never did receive any of the notices informing me of the default (which I didn't because I moved) and therefore was not aware of the attempt to collect the debt by the new plaintiff (CACH, LLC)?

    Also, can they just leave the summons on my door like that? I thought they had to hand it to you?

    By the way the Firm that is suing is an outfit in in San Diego named CIR Law Offices. Anyone ever dealt with them before?

  5. #4
    rocket1977 is offline Senior Member
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    Admit your name and nothing else.

    "Defendant denies the allegations of Paragraph ____ for lack of sufficient information to justify a reasonable belief therein."

    They likely attached Request for Admissions. You need to answer those with the same denial for each request and you must do it soon!

  6. #5
    postbro1 is offline Junior Member
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    There doesn't appear to be anything like Request for Admissions attached.

  7. #6
    apexcrsrv is offline Registered User
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    Quote Originally Posted by postbro1 View Post
    They did attach the complaint for breach of complaint. So I guess that requesting a dismissal is out?

    Maybe I should call a lawyer since I have no clue how to file a responsive or special pleading. What might I even say in them? In the responsive maybe I can say that I never did receive any of the notices informing me of the default (which I didn't because I moved) and therefore was not aware of the attempt to collect the debt by the new plaintiff (CACH, LLC)?

    Also, can they just leave the summons on my door like that? I thought they had to hand it to you?

    By the way the Firm that is suing is an outfit in in San Diego named CIR Law Offices. Anyone ever dealt with them before?
    Not trying to be rude but, based upon your above statements, yes, you need a lawyer.

  8. #7
    postbro1 is offline Junior Member
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    Quote Originally Posted by apexcrsrv View Post
    Not trying to be rude but, based upon your above statements, yes, you need a lawyer.

    You're not being rude at all.

    I think this is just their way of compelling me to call and talk to them about paying them. Would it be a bad idea to do so? Working out a settlement preemptively with them dismissing the case without prejudice is a good end to the whole thing, correct? If I end up paying a lawyer $3500 to just to end up paying the $3500 anyway doesn't seem satisfactory.

    If I can get them to accept something like $2500 I would be happy with that.

  9. #8
    apexcrsrv is offline Registered User
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    It is their way of making you pay, period. You can attempt to settle but, you must file a responsive or a default will be awarded against you.

  10. #9
    postbro1 is offline Junior Member
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    Quote Originally Posted by apexcrsrv View Post
    It is their way of making you pay, period. You can attempt to settle but, you must file a responsive or a default will be awarded against you.
    Right. I will do that this week. Thanks for the info.

  11. #10
    flacorps is offline Senior Member
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    Keep in mind that while in many states it's free to answer, in California there is a filing fee to answer unless you can get the court to waive it on account of your indigence.
    _________

    Learn To Solve Your Own Debt Problems at myhopeseries dot com

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