Summons

Discussion in 'Credit Talk' started by susse, Oct 2, 2010.

  1. susse

    susse New Member

    Hi, Can someone please help me.
    I received a summons, from a lawyer who bought the credit account.
    I called him and wanted to see if I could set up some type of payment.
    I have never done this and so lost.
    I live in MA and its for a total of 26,000 dollars. I don't have the money and the most I can even get to him is 5,000 and 200 a month, anyway I have no clue how to answer the summons back, does anyone know how to answer a summons. please send me an example or at least a brief description.
    Thanks so much.
     
  2. tkslush

    tkslush Member

    does it have a paper along with it for "intent to defend" or do they require a written response? what was included in the summons, was there anything attached? do not admit the debt is yours no matter what, make them prove it. The burden is now in their court to prove its your debt whether you acknowledge it is or not. here is a useful site for you:
    howtoanswersummons.com if you can't get that up type in google
    how to answer summons and their site should come up. helped me to dismiss my lawsuit. good luck and remember to research all the way up to your court date, 60-95% chance they've already made mistakes that would work in your favor. you may be able to get your lawsuit dismissed due to discrepancies and mistakes on their part.
     
  3. Dumb Bob

    Dumb Bob Well-Known Member

    This sounds like junk debt buying. It can make sense to play this carefully and not show your hand. If they get wind that you know they often don't have proof they own the supposed debt, they may pay to get proof.

    In a lawsuit, talking is usually the right thing to do. Most everyone settles, that's the usual rule. Of course you might say the wrong thing, but the other option, not saying anything, that's usually worse.

    You may wish to look at what the interest rate is and what that would increase the debt of $26,000 to each month. If the interest increase each month is more than $200, even paying that amount will never end this. Dumb Bob suspects that you should figure out some logical reason why they should settle. Yes, this can be fantastically hard to do. For example, if you offer $5000, why shouldn't they just sue you some more, knowing you have $5000 they can get, and then get that money and go after the rest later?
     
  4. mijd

    mijd Well-Known Member

    I agree with the 2nd poster. Don't admit the debt is yours. If this really is a summons to appear in court to answer to a judgement against you, my opinion would be to consult an attorney. There are lawyers for people with low or no income. Trying to figure this out by yourself may get you in deeper.

    I know lawyers are getting into the debt collection business thinking collecting would be easier and debtors will be spooked when notices come from a lawyers office.

    Maybe in your case a lawyer is the way to go.
     

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