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Received court summons for credit card debt: Help!!!

So I have recently received a summons to court regarding a credit card debt that I have. Basically it tells me that a 3rd party is suing me for the balance that I have not paid. My options are to contact a lawyer to pursue the case, write a letter stating why I feel I shouldnt have to pay the debt. If I do nothing the judge will assume that I feel I owe the debt, and I will have to pay it included the plaintiffs court and lawyer fees. The question is this, I feel like either way Im going to be paying this off some how or way. So does it make since to accumulate more fees by filing this letter, hiring a lawyer? Or should I just wait until they send the next statement to pay for this debt? Still doing research on the statue of limitation, and if I fall under that category :?




alias1958

Posts: 1230
Credits: 7988.2

Sub: #1 court summons credit card debt
Thu, 08/14/2008 - 12:37

If you have received a summons to appear in court, you need to appear on your court date. Otherwise, the plaintiff will get a default judgment against you and they can then garnish your wages (unless you live in a no-garnishment state) and/or lien your property.

Even if you go to court and lose, you might be able to get the judge to allow you to make payment arrangements.

Did you get any other paperwork with the court summons? If so, you need to respond to it.

I'm sure that others will be along who can give you further advice. Good luck!




jj

Posts: 1057
Credits: 10777.738722066

Sub: #2 court summons credit card debt
Thu, 08/14/2008 - 12:39

first and most importantly whether you use an attorney ot do it your self, follow the procedure of your court and answer the summmons/complaint.. protect your rights in court.. that said here are a few questions... how old is the debt.. were you aware of it prior to the summons, when did you last pay anything.. is the debt valid (do you owe the money) if valid what has it not been paid (This is important).. the answer to these will allow us to help you better.. I cannot stress enough thought.. do not allow this to go to a default judgement

Life is a journey down a road filled with many twists, turns and forks. the destination is not important... the journey is what makes life precious.




Unregistered

Sub: #3 How to respond to court summons for credit card debt
Sat, 02/21/2009 - 10:59

I am not denying the debt..just cannot make the payments now with all the late fees and the higher percentage rate..got behind as my paydays changed on my job falling behind with all the bills I have...I am working with a company for debt solutions and just trying to do the best I can...I am not denying my doubt..just need a chance to catch up...




Unregistered

Sub: #4 court summons credit card debt
Mon, 07/13/2009 - 14:02

The summons is from an attorney group.

The named defendent on the summons is John Doe - a deceased person.

Does anyone other than the named defendent need to appear in court??




goldenbast


Debt Samaritan
Posts: 2885
Credits: 38049.13595291

Sub: #5 court summons credit card debt
Mon, 07/13/2009 - 15:10

I doubt it. If you got a summons for someone who is deceased, send an answer in with the note that the person being sued has passed away.

Or you could call the lawyers suing and inform them that the person they are suing has died.




Unregistered

Sub: #6 court summons re credit card debt
Fri, 07/24/2009 - 23:30

I am scheduled to go to court. I am afraid, never been before. It is a called a case management conference. What should I expect. I dont have any money to make a settlememt.




Unregistered

Sub: #7 court summons credit card debt
Sat, 07/25/2009 - 08:53

It's a conference between the parties, with a judge or magistrate, aimed at achieving a settlement. In my cases they happened behind closed doors, and the supposedly neutral magistrate acted more like the creditor's attorney. They will try to intimidate you to give in. Don't. You have to be strong, stand your ground, insist on your day in court.
Even if the magistrate threatens you and lies to you.

You might consider attending with someone else, a neutral party, as a witness, if that is allowed. In my case I probably had grounds to disqualify the magistrate, but since it happened behind closed doors with no record, I couldn't prove his abusive behavior in fact happened.




Unregistered

Sub: #8 court summons credit card debt
Wed, 07/29/2009 - 22:50

I got a summons to the court for not to pay my chase credit card. Please what can I do. I don't have any money to get an attorney. Thanks.




Chrys Henderson

Posts: 2560
Credits: 17373.3

Sub: #9 In America you don't need money to get an attorney. If you can't
Wed, 07/29/2009 - 23:53

In America you don't need money to get an attorney. If you can't afford one, then one can be provided for you. Inquire about Legal Aid with the court.

Here is a great website on civil court procedure:
"http://www.nedap.org/hotl ine/court.html"
It is for New York so it may vary in minor details with your state.

Civil procedures by state:
"http://to pics.law.cornell.edu/wex/table_civil_procedure"

FRAUD: RECOGNIZE IT. REPORT IT. STOP IT.
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Unregistered

Sub: #10 Have a court date in 2 days for a credit debt with chase. They s
Sun, 09/20/2009 - 17:40

Have a court date in 2 days for a credit debt with chase. They sold it to some collection company and some law firm is representing them. I filed an answer will show up in court. I am unemployed, have no source of income even from unemployment. All i have is a mortage with chase. Can they put a lien on the house for $7,000 debt if they prove its mine? Thank you.




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