Hi- I have never beens served with a summons before and need some advice on how to respond back. This is for a debt my husband and myself owe from a year ago with Bank of America. Long story on how got into this mess!! When the debt was handed off to the their lawyer's office, we sent letters to the law firm asking if they would settle on a lesser amount or if they would give us a payment plan since we have severe reduced income in the household due to my husband losing his job. They did not even acknowledge our letters. Now, a year later we are served with a summons. Do we respond back agreeing that we owe the debt? Do we respond back saying we made several attempts to clear the debt and the law firm never responded? I have been given advice from different sources and am now confused on how to repsond. We can't afford an attorney (at least this point) just to respond to the summons. Maybe if we have to go to court, then we can look into obtaining one. BTW- the debt is $6,900, but the law firm claims it is $8,900. Please help!!!!! Thanks everyone! Dee
Have a talk with a lawyer. So you are saying that negotiations to find a settlement failed because they wanted the full amount and you didn't want to pay the full amount so they are now bringing the issue before the court? What does the summons tell you to do? Isn't it a summons and a complaint? Usually it tells you what you should do, in basic terms, in response to getting it. Your court has rules. They are almost certainly on the internet. Read the rules in the area of service and what how to respond to complaints, etc. Different folks will have different opinions. Dumb Bob would suggest not just blindly following the "advice" of yahoos on the internet. What if the lawyer could avoid you having to go to court? Some debt buyers just drop people who are represented, and won't drop even against very strong pressure, litigation they have with anyone who is pro se. But in your case, who knows. They could have their ducks in a row and not mind that you hired help. If they do have things going on, it's very difficult for them to lose. Generally they will claim the highest possible interest rate has been in effect for as long as possible. Many people see their alleged debts are doubled or more by interest. That you've only seen it go up by that small amount suggests that you have been sued quickly. Perhaps that is merciful.
Many that come here think that it is a very easy thing to go up against a lawyer in court...NOT SO..It takes confidence and lots of work to know what to do. I think that you should get a lawyer and the fact that you want to settle well the lawyer is going to be able to do this for you without any loopholes. Say you want to settle for as high as 4K your lawyer will know how to negotiate for you and I doubt it is going to cost more than 1K if that. I have had a lawyer send off a letter for me and do a negotiation deal and it was less than 500 bucks and the lawyer got $225 an hour.. It was well spent at 10 times that. AGain I think you should get a lawyer as you really do not have much time to learn what you are up against. I don't agree though that one should not listen to someone on the internet as have to say I was HELPED SO SO MUCH. Of course I took everything in and weeded out the advice of many , as in the end you have to make your own informed decision of what to do and how to go about it and some people just cannot do such. Woofer
