Summons...What now???

How old is old? Is it past the SOL. If it is, then file an answer to the complaint, that the plaintiff has failed to state a claim upon which relief can be granted. The debt is time-barred or beyond the SOL.
If it isn't SOL and you know they have a really good case against you you may want to call the attorney and try to settle without have to go to court. You could even try a payment for deletion off your credit reports type deal. It all depends on what you want to achieve.

 

Just served a summons today. Local attorney for B of A on an old CC debt.
1* I have the money to pay .
2* Should I pay it outright or what?
jbh27
xxxxxxxxxxxxxxxxxxx
1*Has nothing to do with anything.
2*If you do you will be out all right.

 

hopefully this will help you. I work for collection attorneys and I know a little bit about how accounts are handled once suit has been filed. I am at creditnet because I am debtor and I owe people just like anyone else and I still need help too. Please don't think that I am a bad guy here to steer anyone off track... I thought I would add that in before going on. Anyway..In my dealings with collection accounts that have been turned over to our office for collections, once suit is filed the defendant has x number of days to file an answer to our petition. If the debtor does not answer we automatically move for a default jdugment without notifying the debtor, then we abstract the judgment which I think puts a lien on anyproperty the person may have and it also some how links up with the person credit. I am not sure how that works. Now there are some case were the defendant calls right away to set up arrangements to pay or pays it off. In our office if the debtor calls after suit is file and wants to pay. We will accept payment in full or will make arrrangement for monthly payments. However if payment should be made in full including court costs then the suit would be dismissed. Now normally we do not negoitate regarding deletion of the CR as we do not report to the CRA. However, I would recommend that you aske that one of the stipulations of your agreement be that upon payment in full there will be deletion or the account would be reflected as being in good standing. And as I am sure you know, get everything in writing. It is sad to say but lawyers lie, that is kinda what they are paid to do. I hope this helps a little and please know that this input is based solely on my experiences in my office and should not be taken as the only way.

 

Sorry I just have a couple questions:

If the debtor does not answer we automatically move for a default jdugment without notifying the debtor, then we abstract the judgment which I think puts a lien on anyproperty the person may have and it also some how links up with the person credit.

In order to get a default judgement you would have to be in court and it ordered by a judge. So, how does a CA get one without notifying the debtor and taking them to court? I think only student loans are the exception to that rule. I know they can take the money without any type of judgement.

Another thing: Garnishment and liens, etc...are only legal in certain states so in order to quote that process you would have to know what state the debtor is from before saying you can definitely garnish wages, etc...and even here in Florida you can get exemption to garnishment by proving you are the sole breadwinner in the family. And just cause you place a lien on a property it doesn't report automatically in all cases on a CR. It is public record in the courthouse where it was filed though.

Now normally we do not negoitate regarding deletion of the CR as we do not report to the CRA.

I thought that was how CA accounts got on your CR, right? Does a little fairy do it instead? How does a CA get this onto the CR without reporting?

 

The debtor has a default judgment entered against him because he decides not to do anything about the complaint or petition. I do a lot of bankruptcy work, and I hear the same story over and over....... "I got this from the sheriff or marshall and I got scared so I just put it somewhere I would not have to look at it"

Thats when debtor's get into trouble. When they completely ignore a summons (we call it citation" in Louisiana). In Louisiana, if you were not served personally, the creditor's attorney has to serve you with a copy of the judgment. You then have about 30 days before they can garnish your wages or put a lien against immovable property. Thats because LOuisiana grants a right of "suspensive appeal" which suspends execution of a judgment. Its usually after the debtor gets the default judgment that they come into my office. By then, its too late to do anything but bankruptcy.

 

How old is it? What state are you in? How long do you have to respond? Do you have to appear in court, or respond in writing?

 

Normally when a debtor is served with a summons or citation he has a certain amount of days to answer. If he does not answer. PLaintiff can move for judgment through the courts without noticing the defendant. When a defendant does not answer. The attorney is not obligated to let thim know that they are moving for judgment. Usually on the citation there is language that says that a judgment may be entered against you if you do not response. This maybe different in many states, however here in texas and in florida the attorneys I have worked for have had default jdugments entered after the defendant has failed to answer. I am only speaking from a legal perspective but also my personal experiences at work. I would think that a collection agency would have to turn their files over to an attorney to pursue their legal remedies. So in a way a collection agency and a collection attorney are two different type collecters but are both third party collectors. If that makes any since. Meaning a collection agency can not threaten to sue if it has no intentions to, however an attorney can threaten to sue. Basically if jhe ignores that summons or citation he will have a judgment entered against him by default. If he should answer then may the attroney will move for summary judgment or request a trial. In regards to garnishment I never mentioned garnishment as I am not completely familar with the procedure. However, I do know that and abstract of judgment does attached liens to real property and is no way associated with garnishment.


This is only my opinion and further research should be taken in forming your own opinion.

 

The debtor has a default judgment entered against him because he decides not to do anything about the complaint or petition.
rocket1977
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How does the debtor do anything about the complaint or petition when they sneak it in behind his back so that he never knows there was ever a summons. ?

 

Re: Re: Summons...What now???

In most states, theres no sneaking. Newspaper adveritsements only occur when the debtor cannot be found. In Louisiana, if you have a default judgment against you one of a few things happened:

1. A family member you live with was served, and you never answered.

2. You were served, freaked, and did not answer.

3. You intentionally tried to dodge service (i.e. refusing to pick up the certified letter), and a curator was appointed to represent you to receive service.


Everything in La. is served through the sheriff or marshall's office. people who sy they were never served are either lying or they were served through a family member who never told them.

Either way, a defendant should be able to rely on the address you give them. If you do not update it, like most contracts require, thats your problem.

 

Re: Re: Summons...What now???

I know by experience here in Florida they HAVE to serve you before they even set a court date....in small claims court. I have NO idea about other states and their procedures but if you ignore the summons then the plaintiff is of course going to get a "default judgement." But if you don't receive it then it isn't your fault you didn't show. I wonder what they do in that case?

I sued a guy who hit my car and damaged it and had no insurance and refused to pay. I did get a judgement by default ONLY after he was served and did not show up for the hearing! On the hearing notice it showed when/where/and who was served, etc....so we knew he got it.
It was his own dumb fault to not show up.....and it took me years to actually get my money and only did I get it after I suspended his license for nonpayment......

 

Re: Re: Summons...What now???

I know by experience here in Florida they HAVE to serve you before they even set a court date....in small claims court. I have NO idea about other states and their procedures but if you ignore the summons then the plaintiff is of course going to get a "default judgement."
1* But if you don't receive it then it isn't your fault you didn't show. I wonder what they do in that case?

2*I sued a guy who hit my car and damaged it and had no insurance and refused to pay. I did get a judgement by default ONLY after he was served and did not show up for the hearing!
On the hearing notice it showed when/where/and who was served, etc....so we knew he got it.
It was his own dumb fault to not show up.....and it took me years to actually get my money and only did I get it after I suspended his license for nonpayment......
iambroke
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1* Railroad you with a D-Fault Judgment.
2*I got a guy for this just by threatening to have the cops suspended his license for violation of Ohio mandatory insurance laws.

 

Re: Re: Summons...What now???

1*Newspaper adveritsements only occur when the debtor cannot be found.
2*A family member you live with was served, and you never answered.
3*served through a family member who never told them.

rocket1977
====================
1*What good does that do you when the paper is in some city you never lived in?
2*You are the one who needs to be served not somebody else family or not.
3*Which is as good as no service at all.

 

Re: Re: Re: Summons...What now???

I do not think you are getting what I am saying. In Louisiana, and apparently Florida, a plaintiff has to prove service was made validly before pursuing a defualt judgment. Thus, there is no "railroading."

 

Re: Re: Summons...What now???

1* But if you don't receive it then it isn't your fault you didn't show. I wonder what they do in that case?

Well in order to get a court date you have to show proof of service....

Therefore YES you have to be served first in order to even get a court date (at least here that was my case)....if you don't show up then there is no excuse because the court date was set AFTER you were served and Yes you get a judgement by default for not showing up....So, YES it is YOUR fault you didn't show up because YOU were definitely served. No doubt about it......After having to sit in court and him not showing up (and after knowing he was definitely served) I felt I did deserve a default judgement. It was his own stupidity, not mine.

In fact, the 1st address I gave the courts for the guy I sued was his address on the police report which was not correct and valid. They sent me a notice stating "defendent can't be served, need alternate address" or something to that affect. Then I had to go down to the courthouse and give them his work address because those were the only addresses I had....and they did finally serve him at his Mom's house after going to his job and getting directed there for some reason.....Only then did I receive the paperwork showing him being served, where, when, etc...and showing my court hearing date too. They did not set the court date until they showed proof of him being served so therefore he did know about the court date information.

At least in his case there was no excuse for not showing up PERIOD...he was served.

So, there is no railroading here as they serve first, show proof of service, and then only then do they set a court date and you know about it. To me that is the correct way to do it. You can't say "hey I was railroaded" or "hey I never was served" because it's plain as day YES you were....

I guess I'm not understanding your question???

2*I got a guy for this just by threatening to have the cops suspended his license for violation of Ohio mandatory insurance laws.

Oh, man I tried that...I sent him numerous CCCR letters that came back as return to sender, etc....
I tried calling but the phone number he gave the police officer on the police report was disconnected. I tried everything I could. Even hired a CA to try and collect for me but they couldn't even find him. So, I had an attorney advise me to suspend his license and boy that got his attention immediately!