Happy new year...yesterday I was served with a subpoena for the account that went into collection in September of last year. The subpoena isn't to appear, but I need to send a letter to the court stating my intentions by 1/23. I have no clue of what to put in this letter, as I do not have the $4k to pay. Any clue on where I begin? Happy freaking new year indeed...
Subpoena or Summons ??? You need to provide more information. If this is a formal lawsuit then you were served with a summons and complaint. A subpoena is t o appear as a witness or with documents. A summons tells you that you have been sued.
Subpoena or Summons ??? Ok, sorry for the confusion. It is a "Summons and Complaint". I am being sued and I have 21 days to file an answer with the court and serve a copy on the other party. I sent 2 requests for validation to the collection agency, but haven't received a response to either. I am not sure the second was delivered via registered mail, as I don't have a signed copy of the receipt. The suit isn't filed by the collection agency, it's by a law firm here in Michigan on behalf of Citibank. The person delivering the summons said I was to call the number of the law firm and discuss it with them. Do I do that and/or send a letter to the court? I have no clue where to start, and know that I don't have $4k to give these jerks right now.
Re: Re: Subpoena or Summons ??? PS: Watch out for this one. If the CA owns the but City is suing you for it you could get hit with paying it twice.
Need to file and serve an answer You probably need to file and serve an answer with the court. If you don't file an answer within the times stated on the summons then the creditor can get a default judgment and garnish your wages, seize your bank accounts.
Re: Need to file and serve an answer Even if the plaintiff (CITI) doesn't own the debt which would still leave the CA to come after you if they are the owner of the debt.
Re: Need to file and serve an answer I realize that, but I have no idea what to say in the answer. Do I just tell them that yes the debt is mine and ask to arrange payment or what? I want to answer to avoid the garnishment and account seizures, but I am unsure what to say. I don't have the full amount to give them.
Re: Re: Need to file and serve an answer 1* The ? is who owns the DEBT ???????? If you do that and have to pay citi 4000 where are you going to get another 4000 to pay the CA if they come after you because they own the debt. I would be finding out for sure who is the owner of the debt.
Citibank probably owns the debt Probably the CA sent the debt back to Citibank after receiving a validation request. Citibank alleges that you owe money and you are going to have take care of the lawsuit. Filing an answer is going to buy you some time, but you should expect Citibank's attorney to file a motion for summary judgment. You might want to read the book Money Troubles and Represent Yourself in Court by Nolo Press.
