Served Summons and Complaint - The Bills.com Blog

If I settle with a cc company to pay off debt monthly (after being served) payments, will I be able to claim that on bankruptsy later on? I believe my debt is default status and just wondered if I could later dismiss thru bankruptsy. Thanks so much.

If you have settled a credit card account, then you need not include the account in a bankruptcy filing, as a settled account should reflect a $0 balance. However, if you reached a payment agreement with the creditor, and have not completed the payment arrangement, you should be able to include any unpaid balance in a bankruptcy filing. The fact that you may have entered into a payment arrangement with the creditor should not change the nature of the debt, and being an unsecured credit card debt, the debt should be dischargeable in bankruptcy. If you are considering filing bankruptcy, I encourage you to speak with an attorney in your area to discuss the options available to you.

I was recently served civil suit papers for a credit card debt that I can't afford to pay. I want to file a response stating that I am going through an extreme economic hardship, my exhusband is in jail, I am not receiving child support on my 4 children, and I AM RECEIVING ASSISTANCE FROM THE GOVERNMENT in the form of FOOD STAMPS BECAUSE I don't make enough money. After a response, will they send me a a court date? I've been reading that if I file a response you have a 50 chance that they will not pursue the case. Does my inability to pay at this time be taken into consideration when i go to court? Is that suitable to right in a response?

Please keep records of all your letters and communication with the creditors. Yes, you will have to present your case at the court hearing. Make sure that you respond to the court notice or else they might enter a default judgment against you. Once you present your case, the Judge will take into consideration, your present financial condition.

I am being sued by my credit company, I was served with a summons, what form(s)/form numbers to respond to the court. Please help, my time is limited since I need to respond ASAP. Thanks so much!

The forms differ from state to state. I would need to know which state to advice on on the correct form.

if i file for bankruptcy will that stop the lawsuit? do i still have to answer the complaint?

Yes, you still have to inform the court of your intentions. If you do not, then they might pass a default judgment and that would complicate the matters unnecessarily.

I have been served a summons and complaint for an old car bill,I made arrangement with the collection company before I was sebt the summons and complaint and I defalted, I could not pay the amount? Do you think I could still possibly keep this out of court?

You will have to contact the firm that has filed the lawsuit to see what options you may have, I doubt that you can keep it out of court considering that you have received the summons already. You should also get help from a qualified attorney to represent you. Do not, under any circumstances, ignore this summons as doing so will result in a default judgment being passed against you.

I received a summons and complaint on Saturday. I called the collection agency that filed the complaint against me today(monday)and they were willing to work out a new settlement agreement with me, i had the company write up our agreement and send it to my email, i signed it and scanned it back to the company. My question is can they still go after me since we have a new agreement? I know that i have 20 days to answer to ensure that the case doesn't automatically defalt.

That depends on whether they honor the agreement. From what you state, it seems like they emailed you the format of the agreement for you to fill on paper and send it back to them. You should have asked for the settlement agreement from them in writing so that if they ever try to rescind the agreement, you have proof that they had agreed to it before. If you have not done so already, please ask for that settlement agreement in writing, stating that once paid off, they will report it to the credit bureaus as a zero balance account. Once they give you that letter I doubt they can come after you again.

I received a summons and complaint from an old credit account, The summons is in my maiden name and I have been married for 9 years. Also, my husband and I have been going through extreme economic hardship due to the fact that he was unemployed for over 10 months and even though he is currently working his net income is 1/3 of what he was making before. How do I respond to this summons? Is there a statute of limitations on debt collection in Indiana if he debt was acquired prior to 5/2000?

You HAVE to respond to then summons, if you do not, then a default judgment can be entered against you. Trust me, you do not want that to happen. Even though the debt might fall under the purview of the statute of limitations, you still have to present yourself in court just so that you present your side of the facts. If the judge is convinced that the statute of limitations has exopired, then he will dismiss the case, but you definitely have to reply to the summons, regardless of whether it was in your maiden name or not. The debt is still on your social security number.

I was served a complaint and summons from an attorneys office. Now I have been told that a complaint and summons should come from a courthouse and bear the courts seal and be signed by a clerk of the court. Is this true? Because my papers don't and I just want to make sure that they are not sending fraudulent papers. And I was never offered a court hearing to dispute and they are treatening to garnish my wages. I am super confused and am not sure what to do next. Thank u.

A summons will always come from the court's clerk office and not the attorneys'.

I was served a summons and complaint from the lawyer of an old credit card account. I don't recall ever having the credit card account which was opened in 2005 or receiving any information about an overdue/past due balance of any kind. I would like to fight the debt but I don't have money for a lawyer. What's the best ways to dispute this debt? Thanks

Cassie - A summons to appear in court is only sent out by the court and not by a specific lawyer. If you do get a summons, it will be for a local court. Most of the times, you do not need a paid lawyer to handle it because if you go to the courthouse, they will provide you with the forms that you will need to file in your reply. But for now, this seems to be just a letter from an attorney. Collections companies will often do this, but it does not mean that the case has gone to court yet. You state that you don't recall ever opening this account, in that case you should send this company a request for debt validation. You can find more information and sample debt validation letters here: http://credit.about.com/od/debtcollection/qt/debtvalidation.htm

I received letter from a debt relief company stating that I was about to be served a summons from a credit card debt. They said that if thier letter reached me before the summons I should call them and they could help. I check court records the best I could and cannot find anywhere, that a summons had been issued. Is this possible they would know before me?

Lou, it is most likely that they were informed by the law firm that a summons or lawsuit would be filed. Make sure that they give you good advice and work the case quickly, as you can do several things including settling the debt or setting up a payment plan, frequently referred to as a stipulated judgment. Good luck Lou.

I had wrote before about receiving a summons and complaint. I believe they aren't from the court. Is there anything visible that would make me see to make sure. They even sent garnishment papers to my work and keep calling there but they have nothing filed against me at the court house, not even a case number on the summons. And when I signed and sent back my summons within the 20 days and told them I believed this debt was invalid, they told me by signing it meant it was a default judgement! I am shocked that I am not even getting a chance to fight this debt in court. Whats a person to do???? Thank u.

You need to make an appointment with an attorney in your area as soon as possible to discuss this situation. The rules of civil procedure, which outline the process of filing a lawsuit and serving a defendant, vary significantly from state to state, so it is impossible for me to tell you whether or not the summons you have received is valid. However, an attorney familiar with your state's court rules should be able to make that determination by looking at the documents and making a few phone calls. If you cannot afford to hire an attorney yourself, your county Bar Association should be able to provide you with a referral to an attorney who can provide you with legal advice at a reduced fee. I wish you the best of luck!

I am being sued, a default judgment has already been entered against me. I never received a summons and complaint therefore I didn't know I was being sued nor that I had to answer. I went to the courthouse to file an objection. While reviewing my case file, I discovered that the summons and complained was forged. On the back of the form there is a section called "Aknowledgment of Service". Not only was my name forged, it was the incorrect name, it was my maiden name which I have not used in almost 5 years, it was signed on a workday when I can prove I was at work, and it was served at the wrong address. That is obviously forgery and maybe even fraud. They did not give my an opportunity to answer and automatically entered a judgment. What should I do? Can I countersue for fraud?

Yes, looks like you could counter sue, but please make sure to get the help of a an attorney.

I received court filings for my past credit card debt, but has since called the attorney and settled on a payment plan without going to court. I have been making payments for the past 2 months and hasnt missed one since. However I just received a new letter from the court stating: Attention: A summons and complaint has been filed on a consumer credit transaction asking the court to render a judgement against you. I dont understand why I would get this when I signed the settlement plan already.

Are you sure that this is for the same credit card account? even if it is, you should appear in court without fail and present yourself because if you don't, the court will pass a default judgment against you. In court, you can tell the judg as to what exactly happened and see what they say.

State of Michigan, I received a summons regarding a debt to a hospital. I had no idea I had an outstanding bill -- I can pay the amount. Any chance I would be able to keep this out of court? What should I do?

Reply to the summons or better yet go and see the court clerk directly, if you can make the payment, you can easily avoid this judgment. Just make sure you take care of all the paperwork. Remember that this is just a summons and NOT A JUDGMENT, yet.

I received a summons regarding old credit card debt. I have since called the attorney and have worked out a settlement. The attorneys office states that they will contact the court and dismiss the summons within 30 days, however I only have 10 days to respond to the summons I received (9 now... I received it yesterday). I prefer not to take time off of work to go to the courthouse, and it says that I do not have to appear in person. Would writing a letter to the court be sufficient, or where would I obtain the proper forms to notify the court that we have reached a settlement so that a judgment is not made against me? (I live in NY.)

It is best if you could go to court and file a reply, you do not want to deal with a judgement on your credit report just because of your non-appearance. Trust me, I have heard many instances just like yours where folks have reached a settlement with the creditors outside the court and the company goes ahead with the judgment anyways. Better to be safe than sorry. In most cases, you can get the forms to reply to the notice, at the court house that sent you notice, or online if they have a website.

I have a credit card account that I had to stop paying payments on due to loss of wages, illness, etc. after the credit card company pulled a credit report and increase my interest rate and minimum payments. They have filed a summons/complaint to which I responded "pro se" as I cannot afford an Attorney. They have now sent papers requesting answers to Interrogatories,etc.. I have no money and am having extreme difficulty paying my normal bills. I do have some property that I would agree for them to put a second lien on, but have been advised not to agree to that because it would make unsecured debt secured. We have a court date on July 22nd, 2009. Any advise?

Have you looked into the availability of reduced-cost legal services in your area, such a Legal Aid? One really good resource for finding free or low-cost legal representation in many states is http://www.ptla.org/ptlasite/links/links.htm. You may also want to contact any law schools in your area to inquire about free legal clinics offered by many schools. The reason I am encouraging you to look into low cost legal services is that I strongly believe that someone in your situation should not be forced to make a decision without competent legal advice simply because he doesn't have a lot of money. Given your financial difficulties, you may want to consider filing for bankruptcy protection; filing bankruptcy would stop this legal action and would likely lead to all of your unsecured debts being discharged. Again, I encourage you to consult with an attorney for guidance if you think that bankruptcy may be a viable option for you. I wish you the best of luck!

I am being sued by a company who claim to have purchased my credit card debt from my original creditor - Bank. The account was opened 1999 and closed and transferred 2004. I tried to contact the bank in 2005 to see what they can do to me. They told me the account was closed for not paying as agreed. I did not here back since then. I received Summons and Complaint to answer questions within 21 days this week from another company. I am confused and no idea what to do. What can I do? Please help. I never been in court. Is lawsuit/judgment reported to consumer credit agencies? Thank you! I live in MI. Please any help is better than none!

Going to court can be intimidating, but you may not need to. A lawsuit is complaint filed with a civil court (there are civil courts with rules that govern disputes between parties, and criminal courts for handling crimes). If you do nothing and the company that bought your debt takes your case to trial, they will win a default judgment. Therefore, a lawsuit is not the same as a judgment. Call the company that bought the debt and try to determine if they are threatening to sue you, or if they have already obtained a judgment. If they are still in the threatening stage, then try to negotiate with them to settle the debt. If, however, the summons and complaint is an order from a judge for you to appear in his or her court, then DO IT. If the process is at all unclear to you I strongly urge you to contact an attorney in your area and spend an hour discussing your rights and obligations for this debt in your state. An attorney's time is not cheap, but may end up saving you a lot of money in the long run. Regarding your question about your credit report, the answer is yes, a judgment can appear on your credit report, and the results of which are very damaging to your FICO score.

I got served a summons and complaint that says I have 21 days to file a written answer with the court. What does this mean? It's over an old credit debt. This company paid my balance now I guess I owe them. Will I go to jail? I lost my job the first of the year and still looking for work, I live with my family in public housing unable to pay rent let alone payments. could you please give me advice.

I am a little confused by a sentence in your message: "This company paid my balance now I guess I owe them." If YOU (or a friend or family member) paid-off the debt, then you should not be receiving any collections calls. The debt is retired, finished, kaput. However, if you mean that the original creditor sold the debt to a collection agent, then the rest of your message makes sense. The rest of my answer will assume the later explanation. A summons and complaint is an order by the court that you make a response by the date indicated. DO IT! Write a letter to the judge explaining your side of the story. Make it no more than two pages in length. Use simple language. Rewrite the letter several times so that you express your thoughts so clearly that even a child can understand what you mean. If you are jobless and have no income explain that. If you paid off the debt, tell the court the date you paid, how much, and provide copies of receipts. Send it to the court before the deadline. You will not go to jail -- no one has gone to jail over debt since the 1800s. If the process is overwhelming see if your county offers a legal aid organization for people with low income.

Hi, you wrote in #16: A summons will always come from the court's clerk office and not the attorneys'. This is not true. In Minnesota an attorney can send you a summons and complaint and have it served by processor or even send it by mail. They do not have to file it in court first. If someone doesn't answer the summons in 20 days, then the attorney for the creditor can file for a default judgment with the court. Thanks for providing this website, however. Lots of useful info.

Thank you for the clarification! We strive to give accurate information. As we see here, each state is sovereign and free to create its own civil and criminal laws. There are general rules, but the local rules are the ones that count for you. That is why we remind readers to consult with an attorney licensed to practice law in your jurisdiction when you have a legal question.

I am in Colorado. I just received a summons from a process server and there is nothing on it. There is no case number, division number, or even a room number. There is a date and a time to show up (which I will if it is legitimate) but nothing else. I called the courthouse where they said it was filed but the clerk said there is nothing filed against me. What do I do? I cant respond to the courthouse if there isnt even a case against me.

No other clues? Do you have the contact information of the process server to ask them who their client was? Have any cruel friends playing a practical joke on you? Was there a mysterious van down the street with a camera sticking out of it pointed in your direction? Seriously, you need to follow-up with the process server and track down the firm who hired them. My guess is that an overworked paralegal did not include all of the documents in your envelope. If you can't track them down, then be certain to take pictures of the envelope and its contents so that in the future you have proof the notice was defective.

I am studying Paralegal but have not gotten into Real Estate yet. I was served a Civil Action Summons and must answer withing 20 days. I know I must file this in the 11th Jucicial Circuit Court. But I need the ANSWER FORM to file my answer in court. It is in reference to Foreclosure on my property and I want to let them know that I am doing a loan modification with the investor that holds the note on my property. I just need the blank ANSWER form so I can file it asap in the Miami Courthouse. Please help???

This is a civil procedure question, although the underlying issue regards real property. The answer form would be the same regardless. I do not have access to forms for Florida. You mentioned you are studying to be a paralegal. Ask one of your professors if they can send you the form you need, or check with your fellow students, one of which may already be working for an attorney.

My husband received a summons for a previous debt that fell out of Debt management. The collection agency is suing him. At the time, the debt was in his name only, but they are suing me. Can they do that if the debt incurred at the time was in his name (only)before we got married.?

State laws vary on this issue, and unfortunately I do not know what state you reside in. See Am I Liable for Debt My Wife Incurred Before Marriage and Is My Spouse Liable for My Credit Card Debt? to read more about spousal liability for pre-marital and marital debt.

I was served with a summons (in NM) on friday from a law firm (collection agency) who says they are representing capitol one. Upon receiving the summons I called this firm to work on a settlement. The settlement was to pay a certain amount on jan 15th and two additional lesser payments, one in feb and one in march. They told me there was no need to answer the summons as long as I made good on the settlement. I am inclined to believe that I really should answer the summons. When answering the summons do I include the fact that we have worked out a settlement? Also, they are wanting me to pay via check over phone come friday. I'm not sure if I should really trust this way of payment. Any insight would be greatly appreciated.

What you ask is if the collection agency can be trusted to withdraw only the amount they promise from your checking or savings account. Although I am certain many collection agents are trustworthy, upstanding pillars in their community, Bills.com receives e-mail from consumers who deal with collections agents who are none of these things. I cannot predict if your collection agent is honest or planning to pillage your account. Accordingly, to be safe you may wish to consider sending the collection agent a cashier's check via certified mail (or FedEx, UPS two-day, or USPS priority).

My Husband was served a complaint by a Hawaii attorney's office on Jan 11, and It is for a loan that he took out in 2008. We where paying every month and on time until the economy went south and my husband lost his job. After finding another job with less pay, we starting falling behind on everything and still were not able to catch up. Even with this job that he has now we still can't afford to pay for this bill and all of our other bill's because it's all going to our home so we don't loose it. I know that the money is owed but we don't have it. What do I do. I have 20 day's to respond. How do I respond to them and tell them that we don't have the money to pay at this time.

Today, now, immediately do this: 1) Make a list of your unpaid creditors. 2) Contact them and tell them that you still exist, have had financial difficulty, and want to know if they offer a payment plan. Do not commit to anything, and explain you are working out a plan for repaying all of your creditors. 3) Read the following Bills.com resources: Collections Advice and Debt Negotiation and Settlement Advice and What Are My Debt Consolidation Options? 4) Regarding the summons, read Served Summons and Complaint, 5) Insist that your husband appear at the hearing, and then take steps to make sure that he actually appears.

I have just been served with a summons to appear in court on 3/4/09 on an old credit card debt from a few years back. I know I owe the money & am not disputing the debt. I would like pay the debt & avoid going to court, who should I call the Atty listed on the summons or the collection agency? I live in MO.

Contact the attorney. Ask the attorney if his/her law firm now owns the debt or is merely representing the creditor. If the attorney owns the debt then begin negotiating a settlement. If the attorney does not own the debt then tell him/her that you wish to open negotiations to settle the debt, and ask if you should negotiate with the law firm or the creditor. Proceed accordingly. See Debt Negotiation and Settlement Advice for tips and tactics.

Hi Bill, this is an amazing resource, by the way, thanks for all the advice. I live in Michigan, and I was served with a "Summons and Complaint" with 21, now 18, days to respond. I am being sued for an Arbitration Award issued by Nat. Arb. Forum via CAV (which has MANY names) via MBNA, and now pursued by a Michigan attorney for $4500. I realize that I owe this debt and have no good argument against it, however half of the entire debt is 27% interest rates, fines, and attorney fees. I'm wondering if my options to settle this outside court with a payment plan are still an option with arbitration awards. From my reading I need to respond, but I don't know what to say. Also, what is reasonable for a payment plan if I can barely afford maybe $50-75 a month? Thanks!

Settling out of court is usually a win-win. Argue for a lump-sum settlement and start at 10 cents on the dollar. Go to court if you think the interest and fees are illegal under Michigan law. Michigan allows a judgment-creditor to charge 13% interest on a judgment. Regarding your response, I suggest you contact your county bar association and ask for the name of the local group that provides legal services to low- and no-income people in your area. Make an appointment with the pro bono group at that organization, and bring all of the documents you have regarding the debt. The paralegal or lawyer there will advise you accordingly.