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





Sub: Received court summons for credit card debt: Help!!!
Wed, 15/12/2010 23:18

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 :?



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kwazi
kwazi
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Credits: 31.8

Sub: #1 same here with a little differenceThu, 01/17/2013 - 01:28



i had a bank A credit card with a 4500 limit which i had accrued about 3000 on and was making payments. i had also bank B credit card with 1200 credit limit which had about 160$ accrued on also in good standing. bank B decided to buy bank A and somehow managed to transfer the account that i had with bank A over to the account that i have with them which immediately put me over the limit with my credit and started a chain reaction which sent the account to over 5000$ within a very short time and mostly because i stopped paying because i thought it was unfair for them to do that. now i received a summons to go to court which i replied with a DV request and now i need to reply to the attorney's request and prepare my case. does anybody know the banking regulations concerning this? because i dont think its legal for them to be able to do that without even sending  a notice or anything to see if i accepted their terms before them transferring the account. i have about 2 days to reply. please help. this is from midland collection



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Sub: #2 I'm going thru what you wentFri, 01/11/2013 - 11:01



I'm going thru what you went thru. Same senerio. What happend next. Did court put a lien on your mortgage?



Anna Sweeting
Anna Sweeting
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Sub: #3 If you've received a summons, you will have to give a reply to iWed, 12/15/2010 - 23:18



If you've received a summons, you will have to give a reply to it. If you don't give a reply, they will win a default judgment against you and may garnish your bank account or your wages.


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Sub: #4 can they get me for failure to appear on this creidt card summonWed, 12/15/2010 - 19:45



can they get me for failure to appear on this creidt card summons or will I lose by default?


Gretchen VonDerhoff
Gretchen VonDerhoff
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Sub: #5 afraidMon, 11/08/2010 - 01:42



Don't be intimidated. Thats what they want. Just go in and defend yourself, you're as good as they are. You don't know the particulars like an attorney does but you prepare your documents and look them in the eye. BEING AFRAID is what they want you to be, so afraid maybe you don't even show up.

Go and fear no more. :D


Gretchen VonDerhoff
Gretchen VonDerhoff
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Sub: #6 deny everything. Whatever it says on their complaint or petitioMon, 11/08/2010 - 01:39



deny everything. Whatever it says on their complaint or petition, deny it. FIRST OF ALL make them prove they own the debt. Anybody can say they are collecting a debt you got with someone else. In fact more than one party can try to collect the same debt since they can be sold more than once. Even if it is yours, you don't know that these are the people you should make your payments to. It would be terrible to pay them off only to have someone else show up and sue you again, IT HAPPENS, CUT THE CARDS. Make them prove you owe it. These people sometimes pay 2 cents on the dollar and will try to collect the entire amount which is extortion/racketeering. If party A wrote off $200 on their taxes then that amount needs to come off the collected amount. MAKE THEM PROVE IT, trust me, this people are pathological liars and users. They need the contract you signed WITH YOU SIGNATURE ON IT, not just one like the contract, they need charge slips, they need someone with personal knowledge, they need proof they own the debt.

Just enter your appearance, comes now so and so and enters his appearance pro se in the above-captioned blah blah

send a copy by certified mail to plaintiff counsel and file original with court.

on the answer you put DEFENDANT'S RESPONSE TO PLAINTIFF'S COMPLAINT (all these with the case caption, etc at the top)

Then put Comes now defendant whatever your name is and in response to Plaintiff's complaint alleges and states as follows:
1. As to count 1, what it says, plaintiff denies because plaintiff has failed to establish a claim upon which relief can be granted and failed to establish standing.
answer each number DENY ALL KNOWLEDGE.

cert of service to plaintiff attorney at such and so address by U.S. MAIL, certified, postage paid on the blank day of blank.

sign your name and address and all that stuff, your email and phone

Everything you prepare sign under the Answer or whatever it is section and sign under the certificate of service.

originals and a copy go to court with a stamped envelope to return, copy goes to plaintiffs attorney

send a cover letter with docs to clerk saying what you're sending and asking to return copy.

For the answer I would send certified so you can prove you sent it, i don't stress over signature just something to show it was delivered.

you might want to include a motion for summary judgment and dismissal on those same grounds, fail to state a claim and lack of standing as well, send a copy to plaintiff etc.

there are some forms you can find here if you need something to go by. Lots of people have left outlines, any questions ask but DENY DENY DENY. DON'T ACKNOWLEDGE ANYTHING. Its an ALLEGED DEBT, you don't know what its for so DENY. they won't be able to prove it. they need to prove it like i said you can end up paying 2 or 3 times.


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Sub: #7 What info should I include in a summons response?Sun, 11/07/2010 - 08:28



What info should I include in a summons response?


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Sub: #8 Have been served a summons by an attorney. What info should I inSun, 11/07/2010 - 08:24



Have been served a summons by an attorney. What info should I include in the response to the summons. They don't even name the credit card co. just F.I S., NA

Not certain I can open an ebook on my computer.


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Sub: #9 My father is 87 years old we have been making payments on his deSun, 10/17/2010 - 17:31



My father is 87 years old we have been making payments on his debt thru a lawyer since we couldnt make the full payment fromt the credit card company. I missed a payment and and then signed back up for further payments and then they are suing him. Can they sue even with payment arrangement in place? Also how to I respond to the 30 day notice on the suit


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Sub: #10 What happened because I'm in the same situation.Thu, 03/25/2010 - 18:00



What happened because I'm in the same situation.


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