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what happens if you get a summons?

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I've not gotten anything like this, but I'm just curious, what actually happens if you get a summons form a creditor? Are you being sued? What happens if they sue you?




Shazzers


Posts: 17419
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Sub: #1 Most likely you are being sued, usually will say: "Summons Of Co
Fri, 05/09/2008 - 07:32

Most likely you are being sued, usually will say: "Summons Of Complaint". First you try to get an Attorney to represent you, if that isn't possible, you answer the complaint with your best defense!




lmale
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Sub: #2 so if you get sued, what happens? Is that when they garnish your
Fri, 05/09/2008 - 07:34

so if you get sued, what happens? Is that when they garnish your wages?




Shazzers


Posts: 17419
Credits: 159278.85

Sub: #3 They can only garnish your wages if they get a court order to do
Fri, 05/09/2008 - 07:39

They can only garnish your wages if they get a court order to do so. That's why you should answer the complaint with your best defense, show up in court, and depending on your situation, hopefully avoid the garnishment by setting up some type of payment plan with the creditor. I mean, that's the basics, unless you are protesting the debt, in that case, there are more steps and defense stradegy's to go through.




lmale
Posts: 742
Credits: 9845.15

Sub: #4 Oh so if you do get sued, it doesn't mean they will for sure gar
Fri, 05/09/2008 - 07:43

Oh so if you do get sued, it doesn't mean they will for sure garnish then. If you can work out a payment plan, then you'd be basically safe from that?




Shazzers


Posts: 17419
Credits: 159278.85

Sub: #5 That's correct, first they have to get a judgement against you b
Fri, 05/09/2008 - 07:47

That's correct, first they have to get a judgement against you before they can garnish your wages, then they have to get an order from the court to garnish. Just make sure you always answer any summons you receive, and always show up in court, otherwise they will get a default judgment against you, and that's when all kinds of icky stuff can happen to ya!




Unregistered

Sub: #6 Also depending on which state you live in, certain income is exe
Sun, 05/11/2008 - 05:16

Also depending on which state you live in, certain income is exempt, it might be all states. It pretty much means you are judgment proof and they can't take your money. You need to tell the court though cause if they do get a judgment against you and you sign any papers, you have to pay. The thing is that a judgment varies by state, in my state of Massachusetts, it is good for 20 years. Some incomes they can't touch are, SSI, SSDI, Emergency Aid, Unemployment. It is wise that if this fits your situation, check up on your states laws to find out. I read the laws so much for my state that I should go to law school. If I where being sued by a debt collector, I could get them to them to fold a royal flush. The only reason why debt collectors win in court is because people don't show up or answer a summons OR they don't fight back hard enough.

Oh yeah and that law school part, I am considering it and hopefully I will help out consumers. Maby work with the NACA!!!!!!!!!




Shazzers


Posts: 17419
Credits: 159278.85

Sub: #7 Guest: Quote:If I where being sued by a debt collector, I could
Sun, 05/11/2008 - 05:24

Guest:
Quote:
If I where being sued by a debt collector, I could get them to them to fold a royal flush. The only reason why debt collectors win in court is because people don't show up or answer a summons OR they don't fight back hard enough.


Share your knowledge with me then guest, I sure could use it about now! :D




Unregistered

Sub: #8 Well the laws in Massachusetts are different than your state pro
Sun, 05/11/2008 - 11:32

Well the laws in Massachusetts are different than your state probably. But I have all day, except when I go for radiation to mess around on the computer. I sleep aabout 4 hours a day so I have plenty of time to investigate debt collectors.

If you are having a problem with any of them Shazzers, post the name of the company and I will see if I can help.




Shazzers


Posts: 17419
Credits: 159278.85

Sub: #9 Guest: Quote:Well the laws in Massachusetts are different than
Sun, 05/11/2008 - 11:49

Guest:
Quote:
Well the laws in Massachusetts are different than your state probably. But I have all day, except when I go for radiation to mess around on the computer. I sleep aabout 4 hours a day so I have plenty of time to investigate debt collectors.

If you are having a problem with any of them Shazzers, post the name of the company and I will see if I can help.


Most of the CA's I am dealing with right now have an honorable mention on Bud Hibbs website, does that tell ya anything? lol They don't follow the law, and use underhanded tactics to get what they want. Not exactly news anymore since most of them have been exposed in one way or another. Here's my list. Hey hey, you asked. :D
Unifund
Arrow Financial
Cach
MRS
Larry Roach & his clowns
Powell, Rogers & Speaks
Mann Bracken llc
Merchants Credit Guide




Unregistered

Sub: #10 I read you comment about exposed agencies. You mentioned Arrow F
Wed, 03/11/2009 - 08:12

I read you comment about exposed agencies. You mentioned Arrow Financial. What's wrong with them? They are not good?

I asked because i got summoned for a credit card debt. Just $2,000. By them.




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