Do a search under my name. I don't have time to look for it right now, but I posted an Answer to a Summons received by my husband back at the end of Sept. I don't think what I posted was the final version, though. If I get time, I'll post that. I also sent a validation request, but the mini-Miranda was included in the Summons with a statement that all collection activity would cease "including this lawsuit" until validated. It has been almost two months and they have yet to respond with anything more than the name of the OC and the account number. They also filed a response to the Answer, but there has been nothing further on the lawsuit. I'm thinking that it's about time to request they drop it. I disputed with the CRA's and the CA has been deleted from 2 of them. It was never on EX, but they verified the OC! TU also deleted the OC along with another CA that had the account briefly. EQ has done nothing so far with the OC that I can tell. I had just started reading here when the Summons arrived and I panicked! Just keep your cool and follow the advice given. We'll get you through it.
not a problem prettyfall. I work for a law firm that files answers every day. I just need to make sure I redact it and take out our client's personal information before I post it. I will post it in pdf format. Do you Adobe to view pdf files? if not, you can get the viewer for free on the web.
As Breeze suggested, Prettyfall, you must change your thinking about this, straight away! You've said: I just want to make sure I give the 'right' answer to them and do not want to default judgment on this loan. ...? I was just issued a summons today that is requesting judgement from me in the amount of 9700 + dollars ...do not want to default judgement ...that is request judgment from me That's not how it works, Prettyfall, a judgment is a court action, an order, it's not something YOU do, it's AGAINST you. YOU are being sued! There's no fair dealing, there's no negotiations, that time has come and gone. I gave out my info in good faith.... now I know I didnt have to do that .... I know it already. You gave out your information in good faith but didn't ask them to provide documentation to you. Nearly 10 thousand bucks isn't petty cash, says me. Do you owe that money? who do you owe it to? What's it for, do you know? Is that the amount that the OC said you owe or are there additional charges? what are they? what's it for? Is there interest? How do you know you owe the attorney, did he really buy the debt? The affadavit you mentioned isn't good enough. There isn't a courtdate set..... only that I have been issued a summons for xxxx amount of monies. Yes there is, you've been served a summons, a summons is a legal service of process. You are being sued and have been served. The summons tells you to do something in 21 days -- if you don't a default judgment will be entered AGAINST you. The paperwork is from the court office here in Jackson Michigan. And the summons is a summons/complaint. It says I have 21 days to file an answer with the court office. The last page is a copy of a Discover statement that says "Internal ChargeOff" and the amount paid leaving a $0.00 balance on the account. That raises more questions. So, there is no court date set. The other document states that I failed to pay the debt, used the account to purchase goods, did not object to the accuracy of the account's billings. And a few more. *sigh* EXACTLY!!!!!!!!!! My humble advise to you is: Read this thread: http://consumers.creditnet.com/straighttalk/board/showthread.php?threadid=34590 Understand you are in a legal process, AGAINST you, not for you or something you get to agree to -- the time for settlement is over, they aren't asking the court to order you to make payments. Then, come back to this thread and follow Lizardking's advice, if you don't want a default judgment you need to answer in 21 days. Answer the complaint, state your affirmative defenses, get some validation (if there even is any) -- make them prove what they are claiming you owe and that you owe it to them, in the amount they claim, and raise counter-defenses. Sassy
Yes, I have Adobe Acrobat Reader. Thanks everyone for all the continued advice....... My car is 14 years old and I owe nothing on it. 89 Honda Civic. Can it be claimed as exempt property? Trying to sort out the property exemptions info. Thank you
About bank accounts, if I open an account in my daughters name - she is 7 - can they touch that? Or do I need to put the money somewhere else? As I see I am not suppose to have over 200$ in cash either. Thank you
I just received a proposed consent summons. Payment plan based on $50/month for 3 consecutive months then subject to review and revision after 3 months. paying the 52$ filing fee and 75$ attorney fee. then of course the interest that will accrue on the account w/ payment being made. I was not expecting this. It says it resolves the last pending claim in the case and closes the case. This all comes after they reviewed my proposed payment plan.
Do what lizardking said. Just do it - trust us. Do not answer the proposed consent judgment - that is what it is - you would be handing them a judgment against you. Just do it, send it to the court and the CA lawyer, then wait and see what happens.
I'm still new at this, but I would say request validation before agreeing to anything. It may not stop the lawsuit as it did in my DH's case, but it sure doesn't hurt to try. Meanwhile, get that answer filed. If you don't, they can get a default judgment against you and then you're stuck. Oh, and while you're at it, file a notice of appearance along with it just to be on the safe side. That way they can't slip something past you. Then they have to let you know when the court dates are so that you can show up! If you can find a good consumer law attorney (they seem to be few and far between), by all means, at least get a consultation. I would have gladly paid for a consult if I could have found one that knew what s/he was talking about! Unfortunately, the one I did find sounded like he was still wet behind the ears so I scratched that idea and just went with the advice I got here. It was sort of scary because I was so new at this and I really would have liked to have someone that knew OK law and really knew what they were doing to walk me through it or at least reassure me that I was doing the right thing, but it has turned out OK so far. Hang in there and you'll get through it!
so, they want a judgement instead of settling out of court? why would they 'consent' to 50/month. because don't they have the right to change the 'payment plan'? IF the consent judgment was put into affect what would happen? If not and I answer the summons, they might settle out of court instead of a judgment? Judgment meaning it goes on my CR as a judgment.. kind of confused
It goes on your credit reports and you get bilked on your insurance and loans for the next 10Yrs. [QUOTEt she had gotten recently from the CRAs themselves. Interesting too, is that she called Ford Credit and they said, "No. You were never late
Bump. Just curious if our buddy ever filed a counter-complaint? In my two suits, when I filed the counter-complaints it stopped the CA attorney cold. They have easier fish to fry so they either try to settle or they just let the case die. They are better off selling the debt to someone else. If nothing else, it buys you time for settlement. Even for debts in the 10k range, they do NOT want to go to court. The risk/reward just isn't worth it. This is definitely true for anything less than $5k. In the $5-10k range anything is possible, but again, consider that these attorneys want only two things: - summary judgements because you don't respond - scare you with a lawsuit so that you will settle If you even offer a hint of fighting, they usually try to settle in your favor or drop the case and sell the paper. Think about it-- the effort it takes to corral one pitbull is 10x the effort (or more) it takes to herd 10 sheep. They want sheep, be the pitbull!!!
