How do i answer a cc summon/suit?

Discussion in 'Credit Talk' started by lovien, Sep 3, 2003.

  1. lovien

    lovien New Member

    Wolpoff and Abramson (representing original creditor Discover) served me with a summon/complaint for $8,000 plus 19.8% interest, court fees and 20% of lawyer's fee. I have 20 days to answer the complaint. If they get a judgement on me, there is no way I can ever pay them. Please help. Can I write in my answer that they never validated the debt?....and can I refute the exhorbitant interest they are demanding? They have not assigned any court date yet....I need to know if it is worth filing an answer. What could be the worst scenario if they have a judgement default against me? thank you.
  2. jlynn

    jlynn Well-Known Member

    You requested validation and they never responded?

    W & A must be on a tear this week. You are the 2nd or 3rd person that has posted about them.
  3. prafces

    prafces Active Member

    States vary in what can be done once a judgment has been issued. But in general...

    The law firm will probably follow a procedure to have you appear in court to be examined regarding your finances. They can make you bring with you to court your pay stubs, your tax returns, your bank statements and any other appropriate documents. They can ask you questions about where you work, where you bank and the assets you have.

    Once they have this information, they can freeze bank accounts, place liens on assets, force the sale of assets, garnish wages and generally continue to add costs and interest along the way.

    If you have been properly served with the lawsuit, I would not ignore it. But make sure that you have been properly served. Check the requirements in your state.

    Also, the process can take a long time depending on where you are--probably a number of months. After you know what the service requirements are in your state, you could possibly take steps to avoid being served. Make sure you know the status of the court proceedings--but don't let the court or the attorneys know that you know the status.

    Additionally, if you can't avoid a judgment, review your state exemption rules. I would probably assume that most of your property--including bank accounts--are exempt from garnishment. If you are working and your state allows wage garnishments, this is probably where the attorneys will go. In most states, 25% of pay can be withheld. Once again though, check your state exemption rules.
  4. Maxine_W

    Maxine_W Member

    Actually, if they get a judgement, you WILL pay. They'll take money from your paycheck to pay the bill.

    It may be uncomfortable, and you may not be able to buy as much stuff, but the money will go to the creditors.
  5. prafces

    prafces Active Member

    To address some of your other questions, I would advise that you speak briefly with an attorney.

    Not knowing the state that you are in, it's hard to know what the court procedures are. In the state that I am in, the first court appearance is just for setting a trial date. At the first hearing, the defendant can demand that the plaintiff provide a written synopsis of the case against you. For example, the plaintiff has to state how they arrived at the figure for which they are suing. They have to tell you why the interest rate is where it is and why they are entitled to specific fees.

    In our state, the defendant then has the ability to see the plaintiff's case and provide an adequate defense if one exists.

    Additionally, an attorney in your state may be able to advise you on how to substantially delay proceedings. And if all else fails, you can ask the court to order a payment plan--or try to reach a mediated agreement. My experience with lawsuits is that people usually have numerous options--they just never use them.
  6. dixidriftr

    dixidriftr Well-Known Member

    Are you SOL?
  7. jlynn

    jlynn Well-Known Member

    Re: Re: How do i answer a cc summon/suit?

    Depends on what state he lives in. You can't garnish wages in TX except for child support and taxes.
  8. iambroke

    iambroke Well-Known Member

    I know here in Florida you can dispute any garnishment in certain cases like being the breadwinner of the family, it's possible (depending upon the OP state) that either he can dispute it or garnishment is not even an option.
  9. keepmine

    keepmine Well-Known Member

    What state and, when did you last pay Discover?
  10. sassyinaz

    sassyinaz Well-Known Member

  11. sassyinaz

    sassyinaz Well-Known Member


    I don't know what is up with some of the responses that read like you are out of options BUT being served a summons DOES NOT a judgment make!!!!!!

    FILE AN ANSWER or at least a notice of appearance.

    Don't allow a default.

  12. zerodown

    zerodown Well-Known Member

    Here's a case that directly relates to your predicament:

    The direct link for the following wasn't working but here is the google cached link:[/url]

    It provides a decent overview. Their recommendations are simplistic so don't think it is the "be all and end all." Read more here and on

    Consider as part of your response a countersuit for their violation - assuming you can show you properly requested validation.
  13. lbrown59

    lbrown59 Well-Known Member

    I need to know if it is worth filing an answer.
    File it
    THE END ** *** ** LB 59
    """"```--~~~~~~~~~--```'""'''Subject: Said It Better Than I could
    The Ten Commandments display was removed Wednesday from the Alabama Supreme Court building.
    There was a good reason for the move.
    You can't post Thou Shalt Not Steal in a building full of Lawyers and
    Politicians without creating a hostile work environment.----------------
    > ---------------------------------------------------------- ---- >>
  14. lbrown59

    lbrown59 Well-Known Member

  15. pnwman

    pnwman Well-Known Member

    Above all else file an answer! Otherwise they will get a default judgement! If you file an answer you can then negotiate the issue. The CA will not want to spend big money proving your case if they have little chance of collecting.
  16. billt1227

    billt1227 Well-Known Member

    w & a usually goes for arbitration first, did you have arbitration & lost (didn't go whatever) ?

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