Advice about Civil Summons on Credit Card Debt

I was served a civil summons recently for non payment of a credit card, if I file for bankruptcy, will it be revoked?

I was served a Civil Summons from the District court for a credit card that we quit paying on due to our finances. This is not the only credit card we had to quit paying on. My husband was laid off and I just had a baby. By the time we got on our feet our minimum payments were ridiculous. My question is If we filed bankruptcy, would the summons be revoked?

Read full question
Bill's Answer
4.0
/5.0
(8 Votes)
Bills.com Team
Pro

By

Highlights


  • Review all your options for resolving debt, before you file for bankruptcy.
  • Speak with an experienced bankruptcy attorney, to see if you qualify for bankruptcy.
  • Make sure to understand if your bankruptcy discharges your debt obligations or if you must repay them.

If you file for bankruptcy, then all ongoing cases against you will be put on hold. It does not mean that the summons will be revoked; rather it will be put on hold till the bankruptcy court determines if you qualify for chapter 7 or chapter 13. If you qualify for chapter 7, then in all likelihood, this debt will be dismissed along with the other qualifying debts. If you qualify for a chapter 13, even then, the court will decide on the payment terms for that debt. I will discuss more regarding bankruptcy in just a moment.

Bills.com offers advice on how to file for bankruptcy if you chose to take that route.

Quick tip

  Concerned about what is appearing on your credit report now? Check your credit report today and get a free score instantly.

Before you decide to file for bankruptcy, I encourage to speak to one of Bills.com's approved debt help providers, to see what your available options are.

Types of Bankruptcy

There are two basic types of consumer bankruptcy: Chapter 7 and Chapter 13. In a Chapter 7 bankruptcy, also called a liquidation bankruptcy, a bankruptcy trustee will examine your assets, and if you have any assets which are not exempt, sell those non-exempt assets to repay your creditors. Once your non-exempt assets have been sold to pay your creditors, all remaining unsecured debts will be discharged by the bankruptcy court.

Many people who file for Chapter 7 protection are able to keep all of their property because they have no non-exempt property. Each state has its own schedule of exempt assets, so you should consult with a qualified bankruptcy attorney in your state to find out if Chapter 7 is a workable solution for your situation. An attorney will also be able to tell you if you qualify to file Chapter 7 under the new guidelines enacted by Congress in 2005.

You mention in your question that you may lose your home in bankruptcy, so it sounds like Chapter 7 was the bankruptcy chapter you discussed with your attorney. There is an alternative, though, in Chapter 13 bankruptcy.

A Chapter 13 bankruptcy, also called a "wage-earner’s bankruptcy", allows you to propose a plan to repay creditors over time, usually five years. Your monthly payment amount will be based on your monthly disposable income as defined by the bankruptcy code.

After you have made payments to your creditors for five years, any remaining unsecured debts will be discharged. Chapter 13 is commonly used by debtors whose assets exceed the exemptions offered by state law. It is also used by many consumer debtors who do not qualify for Chapter 7 relief under the means test, which went into effect in 2005 with the Bankruptcy Reform Act.

Consult with an attorney to find out if bankruptcy will benefit your financial situation. Read more about bankruptcy at the Bills.com Bankruptcy Information page.

I hope you will be able to resolve your financial problems without the need to file bankruptcy.

I hope this information helps you Find. Learn & Save.

Best,

Bill

Bills.com

141 Comments

Recent Best
1500 characters remaining
  • 35x35
    Mar, 2012
    John
    What are the charges and the consequences if u r unable to pay the credit card payments which was past due more than 4-5 years old.
    0 Votes

    • 35x35
      Mar, 2012
      Bill
      The Bills.com article Collections Advice answers your question. It contains links to other Bills.com resources if you want to drill down deeper into the collections process and consumer liability for delinquent accounts.
      0 Votes

    • 35x35
      Mar, 2012
      Rocky
      Thanks for the prompt reply, i would like to know.. i don't have any job neither any assets nor any mortgage and no bank account...have no money not even penny to pay to collectors ..what will be the worst collectors can do?
      0 Votes

    • 35x35
      Mar, 2012
      Bill
      You can still be sued. A judgment can be entered against you. A lien can be filed. If you start working, your wages could be garnished. If you open a bank account, it could be levied. You could receive collection calls and letters. You can't be thrown into jail for having a debt.

      So, the worst that can happen right now, based on your description of your income and assets, is that you could receive calls and letters that increasingly become more aggressive. If you feel you are being harassed, read up on your rights under the Fair Debt Collections Practices Act.
      0 Votes

    • 35x35
      Mar, 2012
      John
      I am in the same boat and the agency who is summoning me waited until a few months prior to the SOL expiring for credit card debt. I haven't worked, nor own anything nor have a bank account, for 6 years now. Sort of funny they can crawl up every orifice I have to get summons on me but can't tell that I have nothing to give them? Irony at its best. Wonder what they will do when they come up with nothing to seize or garnish? What happens when the 7.5 years lapses for the bad credit debt on my credit report and they have a judgment on me?
      0 Votes

    • 35x35
      Mar, 2012
      Bill
      Think of a credit report as a specialized newspaper. Just because an event does not appear in a newspaper does not mean the event did not occur. Let me put this another way: A credit report is not a legal ledger containing a person's complete list of legal and financial obligations. Sometimes a credit report will contain erroneous information about a debt the person does not owe. Other times a credit report will not contain a large debt the creditor never got around to reporting. Therefore, do not consider a credit report for anything other than it was intended — a tool used for potential creditors to make a guess about a consumer's creditworthiness.

      Judgments appear on a credit report for 7½ years from the date the judgment was entered, or the length of the judgment, whichever is longer.

      The fact a judgment ages-off a credit report has no relevance to whether it may be used to start a wage garnishment, account levy, or lien.
      0 Votes

    • 35x35
      Mar, 2012
      Rocky
      Thanks for your update..i hv gone thru all the phone calls as well the letters from the creditors so i don't worry about all this...the last payment i hv paid in December 2008 to my credit card. I m in Oklahoma n heard that the statute of limitation for open account in Oklahoma is 3 years..n if its true then in my case the statue of limitation is already expired..would you please enlighten me little more what I can do best for this.
      0 Votes

    • 35x35
      Mar, 2012
      Bill
      0 Votes

    • 35x35
      Mar, 2012
      Rockyh
      What is the purpose of this letter? I m gettin letters sometimes but this time i hv received the summon letter and the debt collector submitted petition after 3yrs of my last payment. Do you think i should mention that the statue of limitation has expired ??
      0 Votes

    • 35x35
      Mar, 2012
      Bill
      Sending the creditors a cease-communication letter will cause them to stop communicating with you about the debts. Consumers have a right to be left alone by collections agents under the Fair Debt Collections Practices Act, a federal law.

      The statute of limitations question is a non-issue. Why? A statute of limitations for debt is an affirmative defense used in court. A statute of limitations is not a bar to private collections activities. By private collections activities, I mean calling the debtor on the telephone, sending the debtor letters, and so on. If a creditor filed an action against a debtor, and the state statute of limitations had passed, the debtor/defendant could raise the statute of limitations as a defense. He or she would say something like, "All of what the plaintiff says may be true, but because the plaintiff filed its action after the statute of limitations for this type of contract expired, I ask the court to dismiss this case." The court will look at the dates, and if the defendant/debtor is accurate, the court will dismiss the case.

      In some states, such as Wisconsin and North Carolina, the state statute of limitations also prevents an original creditor or collection agent from collecting the debt when the statute of limitations expires. You mentioned Oklahoma, which does not have the expanded rules for its statute of limitations. Therefore, unless the collection agent(s) file a lawsuit against you in Oklahoma, discussing the expired statute of limitations with the collection agents is not helpful.
      0 Votes

  • 35x35
    Feb, 2012
    Adam
    I just received a Civil Summons from Capitol One Bank, who referred the claim to an outside group of attorneys. I obviously did not pay my credit card bill on a card with a $500 max. A very long time ago i attempted to pay the debt but after a few payments I once again stop paying. Now they are claiming that I owe the $1132.75 with an intrest of either 12 or 17 percent (cant read it) per annum until paid in full and I have to pay for all of their attorney fees for coming after me. A local constable from the sheriffs office was kind enough to serve me the papers at my workplace on Feb 18th and I have 20 days (March 9th) to either have a written defense from myself or an attorney, or judgement by default may be taken against me for the relief demanded in the attached complaint. They also sent me a copy of a bill dated Sep 10 - Dec 09 2010 but blacked out all of my account number except the last 4 digits. I have not used the card in a long time because I shredded it years ago. I am really confused of what I should do about all of this. I am willing to say that I do owe them maybe $600 but I do not agree that I owe them $1132 and attorney fees. I just dont know where to go with this. Any advice on how to handle it?
    0 Votes

    • 35x35
      Feb, 2012
      Bill
      You say that it was a long time ago that you stopped paying. Your debt continued to grow since you stopped paying it. Whether or not the balance that the creditor is now seeking is accurate, I can't say.

      One thing you could try is to negotiate a lump sum settlement, for a percentage of what you owe. The law firm may or may not be willing to settle. If not, perhaps they will agree to a payment plan.
      0 Votes

  • 35x35
    Jan, 2012
    Kaydee
    I'm being sued by Citibank or the lawers representing Citibank here in honolulu. My question is, i'm working with a debt management company, and i've been making a monthly payment to them as they said they can bring my debt down 60%. I've been with them for about a year and a half and its a 36 month program. But yet i'm still being sued and need to go to court next week for my hearing starts. The debt management team keeps telling me it will be ok but it shouldn't have gone this far, to me anyways, and if they do win the judgment do i mention i'm working with a debt managment co. but according to them i'm representing myself pro se. Am i totally doomed!!!! i don't know what to do. Please help!!!!
    0 Votes

    • 35x35
      Jan, 2012
      Bill
      What, exactly, is the debt management company doing? Is the company in negotiations with the plaintiff who filed the lawsuit against you. If yes, what has been the result of the negotiations? If no, ask them to explain why "it will be ok" if nothing has been accomplished.

      Effective debt settlement companies have legal departments that become involved when a customer is sued, and negotiate with the opposing law firm to reach an out-of-court settlement.
      0 Votes

    • 35x35
      Jan, 2012
      Kaydee
      thanks for responding, i contacted the debt consolidation company where i'm enrolled at and they told me not to go to court, because i don't have a defense i will get 2 judgements on me because i owe the debt. My court date was yesterday and i guess ihave to just wait to hear from the lawyer who sued me to find out whats next. They also want me to drop out of their program with them, since i seem unhappy with the results (duhh!!) they didn't do anything but collect money over $7000 from me and i still have 2 more credit cards that i thought was in negotiation but apparantly they said that i would hear from the credit card companies, so i haven't heard anything so i guess i can plan on getting sued by them too. The company i'm enrolled at also told me to file bankruptcy and they can help with a portion of the fee that the lawyers charge. I really feel ripped off but they said they spent more money on paper work and on my case than they have collected from me by sending letters on my behalf to my credit card company asking them to validate my debt, i've seen no proof and ask them to send me proof as to what they sent and what they did for me, is there anything i can do??? please help me
      0 Votes

    • 35x35
      Jan, 2012
      Bill
      Who is your debt relief company? You could always reach out to the owner and ask for a full refund, and then use those $7k in fees towards your bankruptcy filing.
      0 Votes

    • 35x35
      Feb, 2012
      Kaydee
      I've tried to ask them for some money back and they say they will give me a portion of the money to help pay for a bankruptcy attorney, (I will believe it when I see it) but i don't want to file bk, i've settled with the lawyers office for 12K but i still have (2)credit cards out there that i had enrolled with this company and i really feel they are a scam! They also said they would stop my payments and yet still took out from my checking (which i didn't have enough money in there so i got a bank charge of $30 for unsuffiecient funds go figure)but i closed my checking acct. so they can't ripped me off anymore! I asked them why they continued to take out money if i stopped the program he said it was too late to cancel for this month (just another lie)So my question is, is there anything i can do to recover some of my money or just consider it a HUGE loss!? i think i can answer that myself, but down deep i'm hoping for some miracle! and what else was strange was that the company electronically taking out from my checking acct. was not the company i signed up with. But the bank said i had to have given them my acct number i said i gave authorization for another company, they suggested i close my acct after i pay the bank fee and the balance the bank paid them from my acct, which i didn't have the money in that acct. on purpose so they couldn't get anymore money from me, but the bank paid them my money anyways! So i paid the bank the money owed and closed the acct!!!!!! Please help me
      0 Votes

    • 35x35
      Feb, 2012
      Bill
      Consult with a lawyer in your state who has civil litigation experience to learn if you have a cause of action against the company or companies involved.
      0 Votes

  • 35x35
    Sep, 2011
    tonya
    I think I have something new, or at least I have looked and haven't read anything like it before. I received a summons from Capital One (or lawyers for plaintiff) for a certain amount. Wasn't sure about this so I checked my credit report and Capital One says account closed charged off.... The account had a different balance than what the summons was asking for. The Cap 1 account was a Visa.(said was opened 7/06) I looked further down my credit report and now there is a Citi mastercard opened 6/1/11 with a balance of exactly what the summons from Cap 1 stated. I NEVER opened an account with Citi nor do I have this card. It also says account is open and current and that there is approx. 9,000 available credit??? I am confused. What should I do? Again balance on this account is exactly to the dollar what Cap 1 summons has on it? Sorry this is so long but I just wasn't sure what to do. Debt Validation letter? Any help would be greatly appreciated.
    0 Votes

    • 35x35
      Sep, 2011
      Bill
      You're correct that your circumstances are unusual; I have not heard this exact scenario before. I have a few suggestions for you.
      1. Call Citi and speak with their fraud department. Give them your social security number and any partial number you see for the account on your credit report. See if they show an active account in your name.
      2. Take the proper steps, if you have been victim of idenity theft and the Citi account was openind without your knowledge and permission.
      3. Validate the debt with the lawyer who sent you the notice about the Capital One debt, as you suggested. If the debt is yours and is valid, work to reach an agreement on a settlement or a payment plan before it goes to court, if the statute of limitations on the debt has not run out.
      4. Consult with an attorney, if these initial steps do not prove helpful.

      Please return here and share what you learn and how you resolve this issue.

      0 Votes

    • 35x35
      Sep, 2011
      Heidi
      I'm having a similar issue. I received a call from a "private caller" stating they had attempted to deliver a summons but I wasn't home. They then said they sent me a letter in the mail 30-45 days previous. I have never received such a letter. How do I check if this is a fraudulent money scheme? I was worried that my ex husband signed us up without my knowledge before the divorce so I checked my credit report and it shows this HSBC account closed and paid in full in 2008. I called HSBC and they show no open account and obligations are paid. I called them back after gathering my facts and they keep dropping this mysterious debt from $3000.56 to $1855.25 to $924 to $565.88. I think I'll opt for this so-called court date.
      1 Votes

    • 35x35
      Sep, 2011
      Bill
      Seems like a variation on the following scam: A caller claims to be a process server who wishes to verify the consumer's address. Naturally, the consumer asks for details, and the caller has only the "law firm's" telephone number. The consumer calls the number, and is offered a settlement on an old account appearing on the consumer's credit report. A smart consumer will validate the debt, which the con artist cannot do. A gullible or forgetful consumer will accept the bogus settlement offer for a debt they do not owe.
      1 Votes

    • 35x35
      Jan, 2012
      Julia
      I want to help the question by Kaydee K in Hawaii. I had this very thing happen to me with HSBC who services many department store cards like "Reward Zone" for Best Buy and other chain stores. I was in the process of asking them to validate the debt was mine and they sent me a summons to court. I had a friend who gave me a gentleman in california who deals only with this problem. He wrote my answer to them using their own assumptions in the court papers. He found that A) they couldn't prove the debt was mine B) HSBC was not licensed to operate business in my state C) according to the law there were several items they had to bring forth to the court before they had the right to proceed.... He had a list of 9 things...NINE. They withdrew their case because they really couldn't produce what they needed. According to this man's research, only about 3% of these cases ever have a defendant fight the charges in court so they walk away without a fight on something that they really have no right to. In fact as with the credit "fix it" or consolidation company, you will find that the law suits and letters don't go away. If I remember what I was told, this is because your debt goes out on the "for sale" lot. Whoever buys the debt purchases it for pennies on the dollar.They are only looking for who they can scare into believing that they can get money from people whom they bring to court, because, after all who wants to go to court, it is scary! The other reason is the attorney agencies that use this method to pay their own bills don't care if you settled the debt with someone else. They bought the debt from the credit card company. They still intend to get something for their trouble. Lastly, if the credit card company has written off your debt, that means they are getting a tax break from your account and cannot get a tax break AND receive payments. That is another reason that you cannot go to a credit counselling company who neg., with your card company if it has been written off, Then they get money from you for negotiating with no purpose in which to do it.The card company can't legally take your payment under those circumstances. I remember that whole thing was very unpleasant and scared me. I don't know how to get the info to you if you want it since this is the a blog. I guess you could go to my FB site and send me a message if you wanted me to look up this man's name. He had a background as a CPA, the credit thing was just a hot button for him. He was reasonably priced too. (jahodgson@donobi.net)
      0 Votes

    • 35x35
      Feb, 2012
      Jenni
      "Seems like a variation on the following scam: A caller claims to be a process server who wishes to verify the consumer's address. Naturally, the consumer asks for details, and the caller has only the "law firm's" telephone number. The consumer calls the number, and is offered a settlement on an old account appearing on the consumer's credit report. A smart consumer will validate the debt, which the con artist cannot do. A gullible or forgetful consumer will accept the bogus settlement offer for a debt they do not owe."

      This happened to me! Someone called my Mom's house looking for me telling her they were the county sheriff and they needed to verify my address to serve me a summons, I happened to be there on a business call on my cell and told my Mom to take a message. They said if I didn't come to the phone they would come arrest me. So, of course, I got off the phone call and spoke with the "sheriff". He told me he had this summons but he couldn't tell me what it was about. But, he had a phone number. I took the number and he said I should call it before he served me because after that they wouldn't talk to me and that he would call me back in an hour to see if I got it worked out before he served me. So, I called and it was supposedly some lawyers office about some "debt" I had that I didn't know anything about. But since I didn't want to have court costs I paid them and made a future pay arrangement. Afterwards, I spoke to my Mom and she told me the supposed "sheriff" first had thought we were in MN. We are in WA. That got me to thinking, if it was the real sheriff he would know what state we were in. I called the County Sheriff's office and found out no one from there had called me. Then I had to stop payment and remove all the money from the account with the number I gave them. They actually had the gall to call on the future payment arrangement and leave a message on my parent's machine reminding me about the 2nd payment. (And, that is after I told them my cell number and told them not to call my parent's home again, so they knew it was not my residence.) Needless to say, I get a call like that again and I am not paying anyone anything.
      0 Votes

  • 35x35
    Aug, 2011
    Ramon
    I'm being sued by a collection agency that bought my debt from capital one my court date is august 22. Am I better of settling out of court or going to court? Can I be sued or be held responsible for their expenses if I lose? Can I settle on court? What's my best option ? Thank you
    2 Votes

    • 35x35
      Aug, 2011
      Bill
      I cannot answer your question because I know nothing about the facts in your case. If you are not the responsible party, in other words, you do not owe the debt, then go to court and argue you are the wrong party. On the other hand, if you are the debtor, then it is generally cheaper to make an out-of-court settlement before the time of the hearing. You have the most flexibility, and are not burdened by a judgment, which may result from a hearing/trial. Consult with a lawyer in your state who has consumer law experience to learn more about your options and potential liabilities.
      0 Votes

  • 35x35
    May, 2011
    Karen
    PLEASE PLEASE HELP ME! I allowed my in-laws to take a business credit card under my name thinking that they are more than responsible enough to pay on time. Unfortunately, along with the loss of their car repair businesses due to the recession, they have also failed to pay my card on time and I was contacted by a collection agency a few months ago asking for the full amount of $23,000 dollars!!! My in-laws then tells me that do not worry and they are working with an attorney to handle it through a consolidation company. Last week I got a knock on the door from the sheriff's office and got served a summons to appear in court this Wednesday! (2 DAYS LEFT!) I called my in-laws and was told that there was nothing that they could do and did not realize that the debt consolidation agreement is no longer going through. I am now left to figure this out for myself! I have now tried to take some action into my own hands and called the collection agency to try and reach a settlement agreement. I repeatedly explained that this was not my debt, I did not apply for the card (which is true,) was not even in the state where the transactions were being made (my in-laws are in Vegas, I am in Hawaii) They asked me to offer a settlement and told them I only have $2000 of my own money to give since I am just a stay at home mom, and not able to get a job because I am 5 months pregnant. My fiance just lost his job and about to file for bankruptcy. They offered to reduced it to half off and pay about $1000 a month, and I said I cannot afford that. He then said try to gather as much money as I can and give him a call tomorrow and offer something better. I am now planning to call them tomorrow and let them know that I am only able to gather around $3500 with help from my own family and from selling my in-laws furniture. I have also already told them that everyone in my family is getting ready to file for bankruptcy and informed him that I was also advised to do so if I cannot afford to pay a settlement. My question is, if we agree to a settlement, do I still need to go to court this Wednesday? What steps should i take with the collection agency so that a judgement would be dismissed? Was it okay for me to negotiate with the collection agency and not the attorneys office? What is a price that I should expect to pay and what price I should not pay? Did I do something I shouldn't have?? ANY OTHER ADVISE?!?! PLEASE I NEED HELP BECAUSE I NEED TO KNOW WHAT TO DO BEFORE THE COURT DATE: MAY 11TH 2011!!!!!! THANK YOU THANK YOU THANK YOU!!!!!
    0 Votes

    • 35x35
      May, 2011
      Bill
      Negotiating a claim's settlement before a trial is a time- and court-honored way of resolving a dispute between parties. I do not think you made a mistake negotiating. Based on the facts you provided, your negotiating position is this: Your spouse has already filed for bankruptcy, or is about to. You have few assets. All you can offer to settle the $28,000 debt is a couple thousand. Whoever owns the right to collect the debt (either the law firm that filed the lawsuit against you or the collection agency) has a choice: Either take the settlement now, or expect that you will file for bankruptcy after the judgment where they will get nothing. If the collection agency believes you, it will settle for $2,000. If it does not believe you, or is stupid or cruel, it will reject your settlement offer and wait for a judgment.

      Regarding the trial, I urge you to consult with a lawyer in your state who has civil litigation experience. You mentioned the trial is in a few days. Ask a lawyer to help you draft a request for a continuance or postponement, which will allow you time to negotiate with the plaintiff and mount a defense.
      0 Votes

    • 35x35
      Jul, 2011
      kay
      Can you be arrested for not showing up or answering a civil summons?
      0 Votes

    • 35x35
      Jul, 2011
      Bill
      In some jurisdictions, the answer is yes. Consult with a local lawyer (by local I mean one in the immediate vicinity of the court in question) who has experience in civil procedure or consumer law. Ask him or her if that court has a history of issuing bench warrants for people who fail to respond to civil summonses. You will get get one of two responses: Silence followed by incredulity that you would ask such a question (in other words, "no"), or a sigh followed by, "Yes, old Judge So-and-so does this all of the time. No one else does, though."
      0 Votes

  • 35x35
    Apr, 2011
    Amy
    I have been given a Summons from an attorneys office who is representing a debt collector. I told them that I have been unemployed for 3 years and my husband has been unemployed for a year and a half. We are surviving off of student loans and unemployment. Which barley gets us by. I told them that I had a family member who would pay them a settlement amount of 1,000 and the debt is 5,197. They said there client wont except that. What happens next? Can they take my husbands pail grants for school and his unemployment?
    1 Votes

    • 35x35
      Apr, 2011
      Bill
      My first thought is for you to consult with a lawyer in your state who has consumer law experience. If you cannot afford a lawyer, call your county bar association and ask for the name of the organization in your state that provides no-cost legal services to people with low or no income. make an appointment with that organization and bring all of the documents you have relating to the debt and the summons to your meeting. The lawyer you meet will advise you accordingly.

      My second thought is for you to keep negotiating with the lawyer. Explain your financial situation. Provide financial statements if necessary. State that if the plaintiff is awarded a judgment it will not be able to get a wage garnishment because you are unemployed, an account levy is impossible because you have nothing in your bank accounts, and there is no property to place a lien on because you own nothing. Ask, "Would you rather get $1,000 now or a judgment that will net you zero?" If the lawyer does not negotiate, then be sure to make a point of appearing for the hearing and explain your situation to the judge.
      0 Votes

  • 35x35
    Apr, 2011
    Dacia
    Can I still negotiate a repayment plan after the court date is set?
    0 Votes

    • 35x35
      Apr, 2011
      Bill
      Yes, you can negotiate a settlement or a payment plan right up to and even after a hearing or even a judgment.
      0 Votes

  • 35x35
    Apr, 2011
    jan
    i was served a summon on Saturday. it doesn't have a court date or anything. it was about a captial one card i used to have. i had stop paying on it because of financial problems. if i am willing to pay for it will i still have to co to court. Can i called the lawyer's office who served me and ask for a payment plan. the debt is 1600 and i am will to at least pay 500 now. please help as i have never been served before. thank you j.t.
    0 Votes

    • 35x35
      Apr, 2011
      Bill
      The creditor and its lawyer would much rather you settle the debt before the court date to avoid that expense. By all means, call the lawyer and negotiate a settlement. Ask if it will accept $500 as a lump-sum settlement for the debt.
      0 Votes

  • 35x35
    Apr, 2011
    jan
    i just got a summon from a law office for a debt from Captial One. It does not state any court date, so is it possible that i can still struck a payment deal with them. The debt is 1650.00, I am willing to make payments if they allowed. Will they lower the fees or not ask me to appeared in court if i pay at least half or at leas 650.00?
    1 Votes

  • 35x35
    Feb, 2011
    Michelle
    I had to stop paying my Cap One credit card due to unemployment (still unemployed and returned to school full-time). The debt was sold to at least 2 debt collectors over the past 2 years and most recently a law firm was calling to collect. Now that law firm has served me with a summons to appear. The summons lists Cap One as the plaintiff - so I'm confused about whether I'm dealing with a debt collector (the law firm) or dealing directly with Cap One? When I appear in court, what kind of paper work will the law firm have to provide in order to "validate the debt" - do they have to present the original agreement that I signed when I first opened the account, or just a few past statements?
    0 Votes

    • 35x35
      Feb, 2011
      Bill
      I can think of two scenarios that fit the facts you described:
      1. The two collection agents you mentioned were just that: agents working on behalf of Capital One. Your collection account was never bought or sold, and Capital One kept ownership of the collection account at all times. The collection agents worked as contractors under the direction of Capital One. Now, Capital One has given up on using private collection methods and asks the courts for relief.
      2. Capital One sold your collection account to Collection Agent A, who had no luck, and sold it to Collection Agent B, who also had no luck collecting from you. Collection Agent B sold your collection account back to Capital One, which is now suing you.

      See the Bills.com resource validate debt to learn more about that process. Consult with an attorney in your state who has experience in consumer law or civil litigation to learn the most effective means to respond to the summons.

      0 Votes

    • 35x35
      Feb, 2011
      Michelle
      After reviewing the "summons" more closely and then contacting the clerk of court for the district listed on the "summons", I found out that this has not been filed with the court - yet. The summons/complaint number listed on the so-called summons is actually the same number as the file number listed on the first letter I received from this law firm notifying me that "this law firm is a debt collector". This summons lists the state I'm in, the county, says "in District Court" and looks very authentic - is this a scare tactic - and are they allowed to do this? The court clerk I spoke to said that I would not be able to file my "answer" with the court because they do not have a file for this, so I need to send an answer to the plaintiff (certified/return receipt). She said the next step would be up to them - whether they actually open a court case or not (although I could open the case myself for $80 plus $50 to file my answer). So I just send my answers to their complaint to the law firm and then wait and see what happens next? And if they DO decide to go on to open a court case, will I be notified?
      0 Votes

    • 35x35
      Feb, 2011
      Bill
      If the creditor moves forward with a lawsuit to collect on your delinquent credit card debt, you will be notified. I think your best option now is to try to work out a payment plan with the creditor, unless you feel that you don't really owe the debt. It is possible that the paperwork you received is structured in a way to cause the greatest fear in the hearts of the recipient, by making it resemble an official court summons. Whether this is proper or improper, legal or illegal, is not something I can answer. My best advice is for you to speak with an attorney in your area, so you know the extent of harm that the creditor could cause you. The attorney can also advise you on the best way to respond to the creditor.
      0 Votes

    • 35x35
      Mar, 2011
      Kimberly
      I recently moved to North Carolina for school (i am currently a college student, on my own, and unfortunately unemployed since i've been down here so far) and was just served a summons, without a court date and was told by the sherif to contact the attorney's office. Everything I've read is to respond to the summons and contact the court, but nothing on telling me how to do so. I know I am an adult and it is my responsibility to deal with this on my own but I have no clue what I am doing. Because I haven't found a job yet I certainly can't afford to make any payments let alone get a lawyer. How do I find out who to contact? What do I need to do once I contact them? I understand there are documents that come in the "defender's package" online - but are there any resources at a public library or free information at any public city resource? Can you file for bankrupcy if you are currently enrolled in a university and receive financial aid to attend? Thanks.
      0 Votes

    • 35x35
      Mar, 2011
      Bill
      Read the Bills.com resource North Carolina Collection Laws for an overview of the rights and liabilities of North Carolina residents. A reference librarian at a large public library may have the documents you seek, or will certainly offer self-help resources.
      0 Votes

  • 35x35
    Feb, 2011
    Elle
    I recently went to court for a credit card debt for Capital One bank. I settled with the firm that had purchased the debt for 700.00. My terms were to pay 50.00 a month every month on the 13th beginning January 2011. I called the firm on January 14, 2011 to make a payment by phone. I gave my social, my bank's routing number and my account number but the money was never drafted from my account. Now I have received a letter stating I owe the full balance not what was settled on in court. I have the phone records from the firm calling me back on January 14, 2011. What should I do now?
    0 Votes

    • 35x35
      Feb, 2011
      Bill
      It strikes me as unfair that you tried to make a payment, gave the law firm all the information necessary, they failed to accept the payment, and then are penalizing you for their incompetence. Level the playing field. Consult with an attorney in your state who has experience in consumer law. If you cannot afford an attorney, call your county bar association and ask for the name of the organization in your area that provides legal services to people with low or no income. Make an appointment with that organization and bring all of your documents relating to the debt and judgment to your meeting. A lawyer will advise you accordingly.
      0 Votes

  • 35x35
    Jan, 2011
    KELL
    I HAVE NOT BEEN SERVED A SUMMONS AND COMPLAINT YET BUT HAVE AN ODD FEELING, ONE WILL BE COMING SOON FOR UNPAID CREDIT CARD DEBT. I WAS ON A PAYMENT PAYOFF PLAN WITH THE CREDIT CARD COMPANY BUT THEN THEY HIKED UP MY MINIMUM PAYMENT TO OVER $200. SO, I HAVE BEEN TRYING TO PAY THEM WHAT I CAN COME UP WITH, $50 PER MONTH, RATHER THAN THEIR ASKED $250 AS I SIMPLY CANNOT AFFORD IT DUE TO FINANCIAL HARDSHIP. I HAVE TRIED WORKING WITH THEM AND THEY REFUSE TO HELP ME AND TO WORK A NEW MINIMUM PAYMENT PLAN. SO MY QUESTION IS IF THEY NEVER 'PROPERLY' SERVE ME, CAN THEY STILL FILE A JUDGMENT ON ME? I HAVE 4 KIDS MY HUSBAND AND I ARE TRYING TO RAISE ON A VERY SMALL LIMITED INCOME AND TO BUY GROCERIES THESE DAYS IS A LUXURY. SENDING THEM TO SCHOOL IS BECOMING TOO EXPENSIVE JUST TO DRIVE THEM BACK AND FORTH BECAUSE I DON'T HAVE ENOUGH GAS! ANY ANSWERS WOULD BE GREATLY APPRECIATED! THANKS
    0 Votes

    • 35x35
      Jan, 2011
      Bill
      I have three reading assignments for you. First, read the Bills.com resource If I Pay a Small Amount on My Debt, Can I Be Sued? that addresses your question about paying the original creditor or collection agent $50 per month, and your question about service of process. Second, read Collections Advice to get a general idea about the debt collections process. Finally, read the Bills.com White paper on debt solutions. This last hyperlink will help you decide your best course of action to resolve the debt. Please ask any follow-up questions you have on the appropriate page.
      0 Votes

  • 35x35
    Jan, 2011
    Jennifer
    Bill, I have been summoned by capital one for a debt of 1275.86 this is in the state of ohio. My original debt was 500.00 credit card and late fees and over balance fees as well as interest caused it to be so much now. I think it is about two years old. I intend to answer but I am hoping the judge will allow me to settle with an affordable monthly payment. I was unemployed for five months and now my income does is not enough to pay my debt. Will the judge take this in to consideration. I do not wish to declare bankruptcy and couldn't afford to even if I wanted to. In my answer I am planning to respond lack of knowledge or information since I have not gotten anything in writing from them for a long time. I also plan to add that financial difficulties prevented me from paying this debt and adding that I would like to settle for a dollar amount a month I can actually afford. If I show up with my bank statements, taxes and summary of bills do you think I have a good chance of the judge allowing to pay what I can afford.
    0 Votes

    • 35x35
      Jan, 2011
      Bill
      Have you spoken to Capital One? I think the best first step is to see if you can set up a payment plan with directly with Capital One, in an effort to avoid having the matter go to court. If it goes to court, I think it likely that the judge will rule against you and award Capital One a judgment to collect from you. A judgment can result in a wage garnishment or a bank levy. If Capital One is confident of its ability to collect from you, it may not be willing to accept a monthly payment that you can afford, choosing to pursue a wage levy that would pay it more each month.
      0 Votes

  • 35x35
    Jan, 2011
    Heather
    I received a court summons for credit card debt that I was unable to pay due to financial difficulties. I called the attorney on the summons report and tried to set up a payment plan but they said it would be considered a judgement and put on my credit report if I did a payment plan instead of a lump sum payment. I agreed to the lump sum payment because I don't want a judgement on my credit report. My court date is set for 1/10 and if I pay this lump sum before then, do I still have to appear in court, or was it considered settled outside of court? Thanks, Heather
    0 Votes

    • 35x35
      Jan, 2011
      Bill
      Make certain there is language in your settlement agreement with the law firm that the settlement is final, and that it will withdraw the case from the court's docket. You may want to ask for a pay for delete if the negotiations are still open.
      0 Votes

  • 35x35
    Dec, 2010
    Erica
    I received a civil summons that a suit was filed from a junk debt collector. I answered the summons/complaint denying all complaints and requesting validation of this debt. It has been over two months and there is no hearing date requested by the plaintiff. Is it possible they were just looking for a default judgement and will no longer pursue the case?
    0 Votes

    • 35x35
      Dec, 2010
      Civil courts have been clogged with filings by creditors (collection agents) attempting to use the court system to obtain judgment so that the judgment-creditor can garnish the judgment-debtor's wages, levy their accounts, or place liens of their property. My guess — note that word choice — is that your collector will note you asserting your rights and will throw your file into the "forget about it" pile and move on to the many other cases it is pursuing against people who have not asserted their rights.

      However, I caution you to be vigilant. Watch your mail. Monitor your credit report. Your account offers a rich opportunity if your collection account contains a large balance.
      0 Votes

  • 35x35
    Oct, 2010
    Bill
    Were I to answer your questions I would cross far into the territory of providing legal advice. You and I do not have a lawyer-client relationship, and have not signed a fee agreement that spells out the specifics of our relationship. Just as importantly, we have not discussed the crucial details of your case, such as the amount the creditor claims you or your spouse owes, the amount you are willing to offer the creditor to settle the debt, your other debts if any, whether bankruptcy is an option, and so forth.

    Consult with an attorney in your area who has experience in consumer or bankruptcy law. I am not suggesting that bankruptcy is your best option -- it may be terrible option for you -- but a bankruptcy or consumer attorney will be able to review all of your facts and discuss the pros and cons for each option in light of your circumstances. If you cannot afford an attorney, contact your county bar association and learn the name of the organization in your area that provides free legal services to people with no or low income. Make an appointment with that organization and bring the summons and your PLD-C-010 to discuss your options and how to complete the PLD-C-010 correctly.
    0 Votes

  • 35x35
    Oct, 2010
    Jenn
    I really appreciate all your help; yes, we're california residents. I've done a lot of reaserch and finally got the right forms to fill out to file in court (PLD-C-010 and POS-030). Now, being a little more specific and figuring out how to write a proper response, the pleading of Plaintiff states: Plaintiff prays: for judgment for costs of suit, for such relief as is fair, just, and equitable, and for: X a. Damages of: $aa,aaa.aa X (2) at a rate of: (blank, no rate specified) X d. Other: Costs of suit Now that I'm filling out the answer-contract... Where I have to check the box saying: X Defendant admits that all of the statements of the complaint or cross-complaint are true EXCEPT: "Would it be correct if I leave that space blank? Actually numbers. 4 and 5 also blank? And where I get to 6." Defendant prays a.that plaintiff take nothing b. (Box) For costs of suit c. (Box) other (specify): What should be the proper way to answer that we pray for: ~An out-of-court settlement ~No costs of suit ~No Interests And also, is there anything else that could be helpful so we could write down in this section? Something such as: Payment plan, that plaintiff withdraw the case from court or anything else? Wow, I think once we're done with this matter our life will be back. Thanks in advance for your response again. Regards,
    0 Votes

  • 35x35
    Oct, 2010
    Bill
    You mentioned PLD-C-010, which leads me to conclude you are a California resident. If you are a California resident, please read Responding to a Lawsuit, Get Ready for Court, What to Do If You Are Being Sued, and Debt Problems/Bankruptcy for information about responding to a lawsuit. Given the information you provided in your messages, I would venture a guess that PLD-C-010 is the correct document to use when responding to a complaint regarding a credit card debt. You do not need to have any contact at all with the plaintiff before responding to the complaint, although it is customary to have a telephone conversation to learn what the other side wants, aside from what is written in the complaints, and get a reading on what the plaintiff will accept.
    0 Votes

  • 35x35
    Oct, 2010
    Jenn
    Hi, I've asked you a couple of questions before but still have some doubts, hope you can help me again. My husband has been served a summons for a citi credit card debt. We agree that it is a valid debt so we want to settle out-of-court with the plaintiff. So the question is, how do we answer the suit to the court? We found a form (Answer-contract PLD-C-010). Would this be the right form to answer? Do we have to talk to the plaintiff before filing an answer to the court? Thanks,
    0 Votes

  • 35x35
    Sep, 2010
    Bill
    My answer assumes your address was not your mother's residence. If it was not, return the summons to the sender via certified mail with a letter stating your address is not the recipient's residence, you have knowledge the recipient resides in another state, and therefore the notice of the summons is defective. It is not necessary for you to explain your mother's current medical condition, or her current address unless ordered to do so by a court. Consult with an attorney in your state if your mother's residence was your address, or if you have additional questions about responding to the summons.
    0 Votes

  • 35x35
    Sep, 2010
    cindee
    my mother got a summons at my address although she has been bedridden in hospice care in another state, and suffering from dimentia for several years now. the summons has her name, my address. What should i do?
    0 Votes

  • 35x35
    Sep, 2010
    Bill
    Unscrupulous collection agents report false activity on accounts to the credit reporting agencies to re-age the account so that it does not fall off the credit report after seven years. Unfortunately, it appears you are dealing with an unscrupulous collection agent, and you need to proceed with caution. By that I mean, document every telephone conversation you have with them, and make certain any contract you make with them is signed and in writing. See the Bills.com resource Debt Negotiation and Settlement Advice to arm yourself with tactics and strategies for dealing with the collection agent. Depending on your state laws and the credit card contract you signed, the addition of fees an interest may be allowable. Collection agents buy debt for pennies on the dollar, so a reasonable starting place for negotiations is 10 cents on the dollar. Do not pay more than 60 cents on the dollar to settle the debt. Regarding providing your bank statements and a financial disclosure, I do not think that is a reasonable request for credit card debt of this size, and were I asked for such a disclosure I would refuse.
    0 Votes

  • 35x35
    Sep, 2010
    Victor
    I just answered a summons in AZ for credit card debt that I owe Wellsfargo. I answered it with the reasons on invalid debt and also stated statute of limitations, which In AZ I believe is 3 years. My concern is that I don't know if the last time I made a payment is over 3 years or not. When I pull my credit it shows a last activity date as recent as 2 months ago. I tried calling WF but they are unwilling to share any information with me and just refer me to the collection agency. My question is first why is the last activity date on my credit report inaccurate? How can I find out if my last transaction has been over 3 years? And should I just settle and how much would be a good starting point to negotiate? I did call the collections company and they are requesting 2 months bank statement, a document showing my financial responsibilities to other companies, and my offer. I don't feel comfortable providing any information other than the offer in fear that they will use it against me to negotiate a higher settlement. My original debt was 9000.00 and they are trying to add another 5000.00 in interest and fees. Can I just negotiate towards the original balance? Thanks in advance
    0 Votes

  • 35x35
    Sep, 2010
    Jenn
    Hi Bill, thanks for your helpful response; we still have a question; is regarding the summons by citibank, it states that we need to respond within 30 days, if we are willing to negotiate with the plainttif's attorney, what would be the best response to court? And if we do not respond within that period of time, do we still have the chance to ask the plainttif's attorney to withdraw the case from court? Thanks again, looking forward to your advice : )
    0 Votes

  • 35x35
    Sep, 2010
    Bill
    First, be certain the document in your hand is actually a summons. Unscrupulous law firms and collection agents send documents that state in bold letters "Summons" at the top that are simply collection letters. If the document is really a summons, then you would be wise to consult with an attorney in your state who can advise you of your rights and liabilities precisely. You did not mention your state of residence, so it is impossible for me to point you to information published by Bills.com about your state's laws. Regarding question No. 1: I suggest you to open negotiations with the attorney or collection agent that sent you the notice. Start negotiations at 10 cents on the dollar, and do not pay more than 60 cents on the dollar to settle the debt. No. 2: If you reach an out-of-court settlement with the collection agent/attorney, require that the creditor withdraw the case from the court. No. 3: If you do not reach an out of court settlement, appear in court so that you can be heard. In some instances, plaintiffs have dropped cases when defendants appeared because the plaintiff was unprepared to mount a case and was hoping for a default judgment. No. 4: Impossible to say. No. 5. Going to the attorney's office should be unnecessary.
    0 Votes

  • 35x35
    Sep, 2010
    Jenn
    My husband has been served a summons; he's been sued by Citibank for a credit card debt of around $10,000. We have a lot of questions, hope here we can find any advice. The summons states that we need to respond within 30 days (we have 4 days left); 1.In order to prevent any future problem, a relative is willing to help us with the payment, but it won't be the full amount. Is there a possibility of negotiation with the plainttif's attorney? 2.If we are accepting our debt, do we still have to present a response to court? We think we don't have enough excuses to attend to a hearing. 3.If so, what would be in this case, the better way to respond to court? 4.How much approximately are the costs of suit? 5.If we want to contact the plaintiff's attorney and there's always an answering machine; do we have to personally go to his office and talk about the case? Thanks for any advice, would be really appreciated.
    0 Votes

  • 35x35
    Sep, 2010
    Bill
    My answer assumes the document you received is an actual summons and not something masquerading as a summons. I am not being cynical in saying the response the court really wants to hear is the plaintiff asking the court to drop the case because the two parties reached an out-of-court settlement. If you and the plaintiff (the collection agent/attorney) reach an out-of-court settlement, part of your contract will contain language indicating clearly it is the responsibility of the plaintiff to ask the court to withdraw the case. If you cannot reach an out-of-court agreement with the plaintiff before the hearing date, then you must appear in court on the date indicated on the summons. If the summons does not indicate a hearing date, then follow the instructions indicated on the summons to schedule a hearing.
    0 Votes

  • 35x35
    Jun, 2010
    Bill
    See the Bills.com resource Georgia Collection Laws for a discussion of Georgia's statutes of limitations. I encourage you to ask follow-up questions on that page.
    0 Votes

  • 35x35
    Jun, 2010
    leslie
    I live in Georgia. Apparently it took them two years to find me to serve this civil summons for a credit card (or contract debt according to the summons). I'm having trouble finding information on if there is a deadline in Georgia in order to serve a civil summons. Hoping I can get this dismissed due to statue of limitations on being served.
    0 Votes

  • 35x35
    Jun, 2010
    Bill
    People are not jailed for debt: They are jailed for not responding to a summons to appear in court. If you receive a summons to appear, do so. A summons is not a social invitation from a judge you can ignore without repercussions.

    I think this article tells the taxpayers in the county mentioned that their sheriff's department is overstaffed.

    Also, the article fails to point out that Minnesota civil procedure rules allow a law firm to mail a summons directly to a defendant. In most other jurisdictions a summons comes from a court. As one defendant pointed out in the article, she did not recognize the letter from the law firm, thought it was junk mail, and threw the summons away. Minnesota should reconsider its summons rules for this reason.
    0 Votes

  • 35x35
    Jun, 2010
    Diane
    You can go to jail for debt .. or for ignoring a court ordered judgment against you. As over 800 people in Minnesota alone discovered. This 'stuff' is spreading to other states including Illinois, Arkansas, and Washington. June -- 2010 MPLS Star and Tribune. You committed no crime, but an officer is knocking on your door. More Minnesotans are surprised to find themselves being locked up over debts. In jail for being in debt.

    "In Minnesota, which has some of the most creditor-friendly laws in the country, the use of arrest warrants against debtors has jumped 60 percent over the past four years, with 845 cases in 2009, a Star Tribune analysis of state court data has found."

    "Not every warrant results in an arrest, but in Minnesota many debtors spend up to 48 hours in cells with criminals. Consumer attorneys say such arrests are increasing in many states, including Arkansas, Arizona and Washington, driven by a bad economy, high consumer debt and a growing industry that buys bad debts and employs every means available to collect."

    "Whether a debtor is locked up depends largely on where the person lives, because enforcement is inconsistent from state to state, and even county to county."
    0 Votes

  • 35x35
    May, 2010
    Bill
    What you are really asking for is the creation of a strategy for defending you in a lawsuit, including drafting the documents you will need to mount your defense. That is a tall order, given that each state has its own set of civil procedure rules and I do not know your state of residence. I urge you to consult with an attorney in your state who has experience in civil litigation. If you cannot afford an attorney, contact your county bar association and ask for the local organization that provides pro bono legal advice for people with no- and low-incomes.
    0 Votes

  • 35x35
    May, 2010
    Jessica
    I received a Civil Summons that states the following: "You are hereby notified that a legal action has been filed against you in this court demanding relief as shown on the document delivered to you with this Summons. Unless a written defense is made by you or by an attorney on your behalf and file in the Clerk's Office within 20 days following the day this paper is delivered to you, judgement by default may be taken against you for the relief demanded in the attached Complaint." It then goes on to state "the party demanding such relief" against me and gives their ocntact information. I am submitting my written defense to the Clerk's Office tomorrow but am wondering should I also contact the attorney that is representing the debt in the off change they may be willing to settle? Also, what format should this defense be in? One more thing, the Summons does not mention a court date anywhere...would that be decided later? Thanks in advance for any information you can provide.
    0 Votes

  • 35x35
    May, 2010
    Bill
    Validate the debt. If the collection agent bought a bare account it cannot validate the debt and the debt is therefore noncollectable.
    0 Votes

  • 35x35
    May, 2010
    Ted
    I received a civil summons on a credit card account that had been handed from one collection agency to another. The first agency broke several laws trying to collect including coming to my place of work. What are my options?
    0 Votes

  • 35x35
    Apr, 2010
    Bill
    My guess is the summons was served on your old address, the current resident of which forwarded it to you. The delivery of the notice was defective technically, but the current resident of your old address made the delivery constructively effective because you now have notice of the complaint. However, you are not residing in the US, and have no means or plans to return anytime soon. My first thought is for you to hire an attorney to make a special appearance (if special appearances are allowed in Massachusetts) who will tell the court the defendant (you) is residing outside of the continental US and have no means or plans to return in the foreseeable future. The attorney should also tell the court whether you own any assets in Massachusetts (my guess is no). If there are no assets, then the Massachusetts court has no personal jurisdiction over the you, and the lawsuit may not proceed in that state.

    Do not ignore this issue. Hire an attorney to make the special appearance.
    0 Votes

  • 35x35
    Apr, 2010
    MikeC
    I got a summons from Capital One in Massachusetts. But I have repeatedly told them I am Stuck in the Philippines.. I lost my business and my Girl Friend (no money to marry) had a child (not planned)so I am too poor now even to return home. I told them though my mother that I will pay or start paying when I can get home and find work.. that was 1 year ago. But I can get the money needed to return home still. What can I do about this Summons?? I can't go to court and no money for a lawyer either...
    0 Votes

  • 35x35
    Feb, 2010
    Bill
    It is unfortunate you did not include more facts in your message, including the date of first delinquency, the amount in question, your age, whether you own your home, or state of residence. With such a paucity of facts I can only speculate that the statute of limitations on the debt must be nearing, which is why the attorney is encouraging you to send a small amount monthly. Doing so will reset the statute of limitations, which is not in your interest.
    0 Votes

  • 35x35
    Feb, 2010
    dg
    I have recieved a summons from the city court re: a credt card from State Farm Bank. I couldn't pay my monthly payments to State Farm anymore due to a medical condition,---and presently on SSDI. I got in touch with the attorneys who are handling the case for State Farm. In return they asked me to fax info verifying that I am on SSDI, which I did. Now the attorneys say if I can handle alow monthly fee of $20-00, instead of the $50.00 minamum. I stated being on afixed income and the bills I presently have, I would not have anything at the end of the month(to which I can verify). The attorney stated if I send in the $20.00, a month this will stop all proceedings agaist me. In reply, I stated " I am sorry I cannot do this". The attorney's response," Will go to court". Can this be possible?, alsoIs it legal to give bank information where my SSDI check is being deposited?. Since I fax the attorneys the actual award letter from Soccial Security. Thank-You. I am sorry for being wordy.
    0 Votes

  • 35x35
    Feb, 2010
    Bill
    The creditor can ask for any information it wants, but that does not mean the consumer needs to provide it. The real question you should ask is, "Do I need to disclose my private financial information to my new husband's creditor?" The answer depends on whether you two live in a community property state. If so, you may need to. Consult with an attorney in your state to determine your rights.
    0 Votes

  • 35x35
    Feb, 2010
    Tina
    My husband was summoned for a credit card debt and they are asking him to provide my information. This was a debt before we were ever married and I don't think that he should have to put my information (including my ssn and pay). Can they really ask for this information?
    0 Votes

  • 35x35
    Feb, 2010
    Bill
    Some people in long-term care need physical assistance, but are competent to tend to their legal and financial affairs. If your mother is not competent, then a trustee (either named by the court or by act of the trustor in a document called "a power of attorney") is responsible for your mother's financial affairs. The trustee must manage the trustor's assets and liabilities, including setting priorities on which creditors are paid first. See the Bills.com resource Social Security Garnishment to learn more about this issue.
    0 Votes

  • 35x35
    Feb, 2010
    kristin
    My momther has been in a nursing home since July 2009. She is now a permenate long term resident at the nursing home. She has a debt with Master Card, who is responsible for this debt now that her SS and pension are directly taken by the nursing home? She had no other assests no belongings. I have contacted the credit card company and I am not getting any direct response just "call back" answers with no one answering the phone. Any information would greatl be appreciated. I wish there was a book on "Handling your aging parents affairs from the past to the present,future and beyond". Thank you for reading.
    0 Votes

  • 35x35
    Jan, 2010
    Bill
    Debt collection procedures are civil, which probably will not have an impact on your probation. However, your state's rules for probation may be that a civil matter filed against you is a probation violation. Consult with your attorney for a more precise answer.
    0 Votes

  • 35x35
    Jan, 2010
    Eva
    I'm currently on probation for a criminal charge. And mariner finance is trying to have me summonsed to court to have my wages garnished. However they left a number for me to call to be served and I ignored it cause I dOnt have the money to pay them also they never even sent one to my home address. What should I do? And will this violate my probation?
    0 Votes

  • 35x35
    Dec, 2009
    Bill
    Regarding your first first and last questions, read Collections Advice. Regarding your second and third questions see Advice if you Receive a Subpoena While in Debt Resolution Program.
    0 Votes

  • 35x35
    Dec, 2009
    Jennifer
    I am in debt settlement right now to try and clear up my credit card debt. I have been with my debt settlement company since April of this year, that is about nine months ago. I have just been served a summons by the sheriff within this week on behalf of one of my credit cards. My question is what happens now? Do I need to go to court or do I have an attorney on behalf of debt settlement that will handle this for me. Can they take my car or garnish my wages?
    0 Votes

  • 35x35
    Dec, 2009
    Bill
    Read Collections Advice to get a better understanding of the collections process and what you will face in court.
    0 Votes

  • 35x35
    Dec, 2009
    Ashley
    I was served a civil summons from my countys sherrif from capital one. I had to quit paying my bill because I was permanately laid off and my job was moved over seas. This account is three years old. I have not had a job since because I am a single stay at home mom of two kids. I do plan on appearing in court and telling the judge my situation. I'm just curious what you think will happen. It is the only debt I have and I have never been in any kind of trouble what so ever. Any advice on what I need to do?
    0 Votes

  • 35x35
    Nov, 2009
    Bill
    First, it is impossible for me to say if your spouse was given effective notice under your state's civil procedure laws because you do not indicate your state of residence. As a practical matter, you have constructive notice of the lawsuit because you wrote to me that you a) are aware of the lawsuit, b) know which court the suit was filed, and c) that the lawsuit is on the court's calendar. If you live with your spouse, a court will assume your spouse was given adequate notice of the lawsuit filed against him. Second, I urge you to consult with an attorney in your state who has experience with consumer law. Contact your county bar association for a list of attorneys who specialize in consumer law. An attorney will know what steps to take next in your state.
    0 Votes

  • 35x35
    Nov, 2009
    Susan
    My husband received a notice to sue from a Debt. Attorney for a Capital one Credit card. His name is posted on the Court Site and is also listed in the court calendar site, but he has not been served a summons, it was posted on 11-3-09 and today is 11-16-09. What is his next step, does he wait until he gets served, or does he contact the courthouse.
    0 Votes

  • 35x35
    Oct, 2009
    Bill
    It may not be necessary for you to appear in court if you made an out-of-court settlement with the law firm. Contact the attorney and ask him if it is necessary for you to appear. My guess -- note that word choice -- is that you will not need to make an appearance.
    0 Votes

  • 35x35
    Oct, 2009
    Katie
    Hello. I received a civil summons for a credit card debt. I called the number listed to the attorney representing the debt, and set up payment arrangements. I have been paying. I still intend on showing up for court with a bank statement and confirming the payments I have made. Will I still be responsible for court costs?
    0 Votes

  • 35x35
    Oct, 2009
    LAVONNE
    MY MOM IS BEING SUED FOR A CREDIT CARD. SHE IS RETIRED AND ONLY GETS 900.00 A MONTH SOCIAL SECURITY--THATS IT NO OTHER INCOME OR ASSETS. SHE CAN NOT AFFORD TO PAY ANYTHING--SHE WILL GET A DEFAULT JUDGEMENT BECAUSE SHE IS A MANIC DEPRESSANT AND CAN NOT GO TO COURT--SHE WILL HAVE A BREAK DOWN IF SHE DOES--SHOULD SHE WRITE THE JUDGE A LETTER TO EXPLAIN THAT THE DEBT IS HERS BUT SHE CAN NOT PAY IT BECAUSE SHE HAS NO EXTRA MONEY? OR SHOULD SHE JUST GET THE JUDGEMENT? SHE HAS ABOUT 5 OTHER CARDS THAT WILL DO THE SAME NO MATTER IF SHE IS EXEMPT FROM GARNISHMENT OR NOT.
    0 Votes

  • 35x35
    Oct, 2009
    Bill
    First, you need to help your mother understand her debt resolution options. Please read What Are My Debt Consolidation Options? Next, you need to help your mother understand her rights in the collections process. Please read Collections Advice. Finally, you need to contact your county bar association and learn the local legal aid organization that helps people with no or low income. Make an appointment with that organization, and bring your mother and all of the documents and letter relating to her debt to that appointment and learn if your mother is considered "judgment proof" and her options under your state's laws.
    0 Votes

  • 35x35
    Oct, 2009
    Bill
    If the amount owed is large, then there is a chance that your three accounts will continue to be sold until there is no collection agency left that is willing to buy them, or you resolve the debt. See "Collections Advice" for a discussion of your consumer rights as a debtor.
    0 Votes

  • 35x35
    Oct, 2009
    Theresa
    I have sent certified letters to 3 debt collectors that have been regularly calling. I've asked them to cease and desist calling me. They've stopped calling, but now I find I'm getting other strange calls (that I'm not answering). Could it be that those 3 debt collection agencys have sold my debt to other agencys. Is there no end to it? I'm on Social Security, have medical issues and own nothing.
    0 Votes

  • 35x35
    Oct, 2009
    Bill
    Happy to help. First, it is NOT too late to contact the law firm and give them an offer. I know that $1,100 seems like a great deal of money, but the law firm now needs to spend money to try to collect the debt from you. Getting a garnishment in place takes time (and time is money to a law firm), or finding your bank accounts to levy them takes even more time, as well as researching to find if you have any assets they can put a lien on. A judgment gives the law firm a lever, but they still need to spend time to see some return on their investment. Here is one tactic: Scrape whatever money you can together -- say $500. Call the law firm and say that you can settle the judgment today for $400. They may counter-offer, and say that you have no room for negotiation because they have the judgment. There is a certain element of truth to that, but remind them that it will still take them time to collect the judgment, and wouldn't it be better to accept $400 now than the possibility of nothing later? They may say $900 -- offer $450. You get the idea. As I mentioned, the law firm may play hardball. However, if you are persistent and they need the cashflow, you might reach a settlement. See "Debt Negotiation and Settlement Advice." Be sure to get all settlement offers in writing before sending a check to the law firm or collection agent.
    0 Votes

  • 35x35
    Oct, 2009
    Todd
    I have been issued a summons for a credit card debt,and the info on this site is VERY helpful. My question is, is it to late to contact the law firm to try and make some kind of arrangement? or will they just want the whole thing or else.The judgment is for 1,100.00 dollars but in this climate that is a lot for me. I think, like many others, I was hoping for financial situations to improve, but,needless to say, they have gotten worse. I WANT TO PAY THE DEBT...but cant afford for my wages to be garnished even 10%....anyway, thanks for this blog, and your honest responses.
    0 Votes

  • 35x35
    Oct, 2009
    Bill
    Before you consult with your attorney, I suggest you read "What are my debt resolution options" so that you are a better educated consumer and have an understanding of your options and the strengths and weaknesses of each. Call the attorney once more and make sure he or she understands the court deadline you are facing. If the attorney tells you to not worry about that date, then the letter you received may not actually be a summons.
    0 Votes

  • 35x35
    Oct, 2009
    laura
    I got a summons that does not have a date to appear in court on it for a chase credit card I made my last payment is june and due to financial stress I couldn't pay and then my payments skyrocketed where i could not catch up and so on. i called a lawyer about filing for ch 7 but my appointment is after my 20 days do i still file something before my 20 days the lawyers office said not to. I don't know what to do.
    0 Votes

  • 35x35
    Oct, 2009
    Bill
    I am confused by the sequence of events described. If your fiance already appeared in court, what was the result of the appearance? Did the judge issue an order or make a finding? If your fiance has not yet appeared in court, then I urge him to discuss the summons with his bankruptcy attorney immediately. The summons may have in impact on the timing of the bankruptcy filing.
    0 Votes

  • 35x35
    Oct, 2009
    Samone
    My fiance was served papers and he made an appearance to show up to court. Before all of this he was in the process of filing for bankruptcy. Does he need proof that he is trying to file or is in the process or is saying so enough? We dont know what we are supposed to do.
    0 Votes

  • 35x35
    Sep, 2009
    Bill
    Stay in daily contact with the credit relief person you hired to determine the status of the negotiations with the creditor. As the 30-day deadline nears, you need to talk to the debt relief person twice daily. You should respond to the summons if negotiations go nowhere -- an attorney can help you here. The alternative is a default judgment, which is probably not in your best interest.
    1 Votes

  • 35x35
    Aug, 2009
    Bill
    A summons is a demand by a court to appear at a certain time and place. Generally speaking, if a judge wants you to stop by for a visit you should do so. If you do not appear, the judge will assume that you agree with the opposition, and will rule in their favor. This is called a default judgment. People have not gone to jail for debt since the Civil War. To learn more about what can happen if you have a judgment filed against you, see my answer to a reader on Judgment Garnishment and the questions and comments that follow.
    0 Votes

  • 35x35
    Aug, 2009
    Deborah
    I was surved by certified mail a civil summons for a credit card debt. What happens if I ignore this summons? Will I be sent to jail for not responding?
    0 Votes

  • 35x35
    Aug, 2009
    Bill
    First, do not believe legal advice from debt collectors. It is usually incomplete or wrong and is always self-serving. Second, a creditor must sue your spouse to obtain a judgment to either garnish his or her pay or place a lien on the title of property he or she owns. It would be wise for your spouse to contact the creditor to negotiate a payment schedule for the debt.
    0 Votes

  • 35x35
    Aug, 2009
    ed
    my husband receive a summons for a credit card. he is not in the country to answer the summons on time, What's going to happen? can they garnish his paycheck? or lien any charge on the property he own?
    0 Votes

  • 35x35
    Jul, 2009
    Bill
    First off, if they can even go after her depends on if she is a co-guarantor on any of the bills, or if they live in a community property state. If neither apply, then she could request them to validate the debt. You can look here to learn about state by state collections laws (including community property): http://www.bills.com/collection-laws/ Really, though, you should consult an attorney, and get specific advice for your state and situation - including asking if your mom has any potential liability and if so, if she is what is called judgment proof. Good luck and our condolences on your family's loss. Bills.com
    0 Votes

  • 35x35
    Jul, 2009
    Allison
    My father recently passed away.He owed 3000 dollars on a capital one credit card. My mother was not on the acount. My father had cancer for two years and most of their savings are depleted. My mother is on a fixed income. We tried to work with capitol one but they refused to negotiate and they harrased my mother. They have now turned the debt over to a debt collector. They have put a lot of pressure on my mother to settle. My mother can not afford to make the settlement. The company has now told my mother they will sue my father's estate. The only property that they had was their home which now belongs to my mother wo lives in Georgia. Does this mean they will put a lien on the home? I s my mother responsible for this debt?
    0 Votes

  • 35x35
    Sep, 2009
    MONICA
    My step father was serve a summons, it has no court date, They are suing him on an unpaid bill of a credit card he had to stop paying because of being laid off. the letter states we need to respond within 30 days i have hired a debt relief person who will try and settle w/ the law firm that is representing the cc. Do i still need to send a letter to the court? if i don't will they automatically win? or is it enough that i have someone dealing w/the law firm.
    0 Votes

  • 35x35
    Jul, 2009
    Bill
    Much depends on your state of residence, how much you owe, and your financial circumstances. When you call the companies be prepared to offer them something -- maybe half the usual payment or whatever is reasonable for you to afford. Keep in mind that as a debt ages, the account moves from one department to the next. Each department has different rules and goals, and a repayment deal unacceptable to one department may be a good deal to the next. You may be a candidate for debt consolidation. Click on that link to learn more.
    0 Votes

  • 35x35
    Jul, 2009
    Judy
    I have several credit cards debt. I retired 2 years ago with my son subsidizing my social security check. His small business had fallen off tremendously and he can not continue to help. I have not missed a payment in the past, however as of this month, I can not make the payment and pay for basic living. I planned to notify my creditors by mail. If I am sued what would likely happen?
    0 Votes

  • 35x35
    Jul, 2009
    Bill
    You are smart to heed the summons to appear in court. You do not need to have an attorney represent you in court, but if your case is complicated or you feel uncomfortable speaking in public, you should consider hiring one. Creditors cannot garnish your retirement income. They can seize bank accounts that contain your retirement income and funds from other sources. It might be wise for you to set up a bank account that has your social security income and no other income source. When you appear in court, bring three files. One should contain all of your correspondence with the court. A second should contain all of your correspondence with the creditor. A third should contain copies of your financial statements. Create a basic spreadsheet that contains your monthly income and expenses over the last year, and make copies that you will give to the judge, the creditor, and yourself. Be prepared if the judge asks you how much you can afford to repay in a lump sum, or how much you can pay in a payment plan. Again, hire an attorney if the process is overwhelming so that you are assured of vigorous representation.
    0 Votes

  • 35x35
    Jul, 2009
    Barbara
    I have just received a summons from my county court here in Florida from Capital One bank. I owe them 1400.00 in debit and I have not paid them in over a year due to difficult times. I am on early retirement and my husbands on social security. What should I expect of the day I go to court? If I cannot pay in full, since we are both on social security, will they put a levy on my bank account where my social security check is automatically deposited. Which will make it impossible for me to pay my mortgage and utility bills. Should I bring all this info in front of the judge? What options do I have since being on a fixed income and collecting my social security? Can they take that all from me until my debt is completely paid? I'm just afraid they will screw up my entire bank account with all my bills that are paid every month with just that ss check. Thanks so much in advance for your help! God bless!
    0 Votes

  • 35x35
    Jul, 2009
    Bill
    Tara--the best advice I can give you is to contact the creditor and try to work out an affordable repayment plan with this creditor. The creditor may even be willing to accept a reduced amount to settle the debt--for example, if you can pay 40 or 50% of the balance owed in a lump sum, then the creditor may agree to forgive the remaining debt. If you cannot come up with enough money to settle the debt in a lump sum (or if the creditor refuses to settle), you can hopefully negotiate an affordable payment plan to pay the debt off over time. Once the debt is paid, either through settlement or through monthly payments, the creditor should file a notice of satisfaction of judgment with the court, which should then be picked up and updated on your credit reports. You can also send a copy of the satisfaction to the credit reporting agencies if you want to expedite the process. You probably can file a motion to set aside the judgment due to the fact that you were not served with a copy of the lawsuit. However, despite the fact that you were not served, you would likely be facing an uphill battle to have the judgment set aside by the court, which is why I recommend that you find a way to pay the debt. If you decide to file a motion to set aside, you would probably need to hire a lawyer, which is not cheap. And in the end, even if the court does set aside the judgment, you admit to owing the money, so the court is likely to side with the creditor and grant it a judgment once again, in which case you would have spend a lot of time and money with the same end result. The easiest a most cost effective solution will probably be to settle or pay the account and then follow up with the credit bureaus to make sure that the account information is updated. I wish you the best of luck in resolving this problem.
    0 Votes

  • 35x35
    Jul, 2009
    Tara
    I had a judgement placed on my credit report. I do not deny the debt is mine, but I do disagree that I was never summons or had the opportunity to appear in court. I am in the process clearing up past issues that are on my credit (due to loss of employment at the time). Can I file paperwork with the court to set aside the judgement (due to the fact that I was unaware of the hearing and was not properly notified)? The creditor filed in the city I grew up in, not the city that I resided in at the time (and they had the address) so it wasn't that they couldn't find me. Also, is there a statue of limitation for me to file this paperwork (I think the judgement was placed in 2003) I wasn't aware of this until last year.
    0 Votes

  • 35x35
    Jul, 2009
    Bill
    First, remember the person you are about to call at Citibank is not your attorney and anything you are told may not be the law and will probably be wrong. Second, call Citibank and tell them the situation. They may not speak with you further until you establish proof of your guardianship, so be prepared to send them copies of your powers of attorney. Third, once you've established your bona fides, tell them the situation, and work out a payment plan. Remember Rule No 1: the person at Citibank isn't your attorney, and if they claim you are personally responsible for her debt, laugh at them. Finally, get any settlement offers or payment plans in writing.
    0 Votes

  • 35x35
    Jul, 2009
    John
    My mother is in a nursing home under medicaid. She has 17K in a Citibank Sears Mastercard which she is now unable to make the payments. I do have power of attorney. What should I do?
    0 Votes

  • 35x35
    Jun, 2009
    John
    My mother received a summons to appear in court for a credit card debt. She is 92, has slight dementia and is recovering from hip surgery so she was not able to appear. The judgement was in favor of the creditor. All of her property is exempt. She has her Social Security payment direct deposited. This is her only income. What will happen next? Will she be sent a form to fill out for her to list her exempt and non-exempt property before the creditor tries to freeze her bank account? Will the bank allow the creditor to freeze the account even though it is a Social Security account? I cannot contact the creditor because I only have a name.
    0 Votes

  • 35x35
    Jun, 2009
    Mark
    John, you are contending with several issues in this situation. First, and I'm writing this more for the benefit of other readers, it was imperative your mother not ignore the summons to appear. She should have sent an attorney to represent her, which may have prevented the default judgment. Second, you may want to speak with an attorney in the state where your mother resides to determine what, if any, right she may have to reopen the case. Because she failed to assert any defense, the court granted a judgment against her and the court may be unwilling to reopen the case. Generally speaking, in order for a court to set aside a judgment you must be able to show that the judgment was entered in error, that you had good reason for failing to respond to the summons, and/or that there is a good chance that you will prevail if the judgment is set aside and the case reopened. Third, make sure that your mother's Social Security income is deposited into an account that contains no funds from other sources. As you suggested, retirement income is exempt from garnishment. However, it must be clear to the bank that your mother's account is not comingled with other funds. Once co-mingled, all funds are subject to garnishment, but Social Security retirement benefits are not. Finally, you mentioned your mother is suffering from slight dementia. You may want to have her mental health assessed, and if she needs assistance in handling her finances, perhaps she requires a guardian appointed to her who would have power of attorney over her finances. This is a difficult situation, and I wish you and your mother well.
    0 Votes

  • 35x35
    Apr, 2009
    Bill
    You should either hire an attorney to represent you or go to the court that you received the summons from and file your reply. A summons is just a notice for you to appear in court, once the judge hears both sides of the story, he/she will decide how to proceed. if you fail to appear, a default judgment will be passed against you in favor of the creditor.
    0 Votes

  • 35x35
    Apr, 2009
    izah
    i have received a call from a sheriff saying that i have been served a summon by citibank.i was not able to pay them for almost a year now because of financial difficulty in my schooling and i have only been working part time for the last 8 months.the sheriff said he will be mailing me the summon. what is the best thing for me to do?i have no idea what is going to happen next.
    0 Votes

  • 35x35
    Apr, 2009
    Cathy
    The statute of limitations limits the amount of time a creditor has to sue a consumer for an outstanding debt. Since the creditor has already sued you, which is why they are trying to serve you, the statute of limitations is likely no longer an issue. Avoiding service is usually not a feasible way to prevent a lawsuit from proceeding; if the creditor takes all reasonable steps to serve you and is unable to do so, the court will likely permit the creditor to use some form of alternative service, from mailing the documents to your last known address to serving you by publication in your local legal journal. My point is that by avoiding service you are likely just avoiding the inevitable; the creditor will almost certainly find a way to serve you. Unless you wil be coming into enough to resolve the debt soon, I see little benefit to avoiding service. It will likely be better to accept service and work to resolve the debt. I strongly encourage you to consult with an attorney licensed in your state to assist you in responding to and resolving this debt. I wish you the best of luck.
    0 Votes

  • 35x35
    Apr, 2009
    Rachelle
    I know that an attorney is trying to serve me a summons for a capital one debt. They have not been successful yet. I have disputed this debt with no luck there. I am wondering does anyone know how long they have to serve me, is there a certain amount of time they have to serve me and what if they can't? This debt is past statute of limitation in a few months.
    0 Votes

  • 35x35
    Apr, 2009
    Wayne
    Collection agencies often make threats like the ones you are describing--a collection agency generally cannot sue you in another state unless you lived in that state at the time that the debt was opened or if you have some other significant connection to the state. They cannot simply sue you wherever is convenient for the collector. Also, if your husband was not a co-applicant on the credit account, the creditor's ability to force him to pay the debt should be limited. However, Wisconsin does have a community property scheme for marital debts and assets, so I encourage you to consult with a WI attorney to determine specifically what action the creditor can take against your husband. You may also wish to discuss with your attorney the various options available to your to resolve this debt, such as bankruptcy. I wish you the best of luck!
    0 Votes

  • 35x35
    Apr, 2009
    Denise
    About 6 months ago, one of my credit cards' companies ran a credit check and decided to extremely increase my interest and therefore my payment. I was never late with payments, and I was working. So my payment about doubled. I could no longer afford to make payments. I called them several times, but I never got anywhere with them. So here I am, 6 months later and now I've lost my job. They've sent the account to collections, and now the collection agency says the next step is to send me a summons to appear in court-in Utah. I am in Wisconsin. How am I supposed to appear in court in Utah? What should I do once I get the summons? I can't pay the account. We can barely afford living expenses for my family on my husband's salary. Can they go after him? The card wasn't in his name.
    0 Votes

  • 35x35
    Apr, 2009
    Greg
    If you have received a summons from court, you have no choice but to go and present your side of the story to the judge. Otherwise, the court will pass a default judgment against you. Once you explain your situation, the judge will decide a course of action. Don't worry, no one can touch your social security or fixed income.
    0 Votes

  • 35x35
    Apr, 2009
    Gary
    My wife and I are having financial difficulties. We are both on Social Security Disability. During the time that I could no longer work and was not receiving monies, we had to live on my wife's disability. With three children still at home, I had to use our credit cards. I have talked to each credit card company and they are working with me on paying my debt for I do believe in paying my debts. However; there is one credit card company that refused to work with me. Now I have received a Civil Summons to appear in court. I called the attorney representing the card company and they insist I pay $200.00 per month or nothing. I explained to them our situation and they could care less. I can not afford $200.00 per month. Each month, I go to two food banks to help us with our monthly groceries plus I go a few times a week to receive free bread. As you can see, I can not afford to pay them. Do I write the court explaining our situation? What do I do? PLEASE I NEED HELP!!! Thank you!
    0 Votes

  • 35x35
    Mar, 2009
    Bill
    Evan, the so called Legal Department's purpose is to do exactly what they are doing to you, getting you scared into making the payments. Although there is no limit or a minimum on the debt amount, for the creditors to file a court case against you, they will only do so if the cost of filing the case is worth all the effort they are going to put into it. In any case, even if they do file a suit against you, you will get a summons from the local court, and not a legal department. Keep negotiating with them as per what you can afford.
    0 Votes

  • 35x35
    Mar, 2009
    EVAN
    I RECENTLY GOT A PHONE CALL FROM AN ASSOCIATE THAT WORKS FOR BEST BUY'S LEGAL DEPARTMENT STATING THAT I NEEDED TO PAY ON MY ACCOUNT EITHER IN FULL OR SETTLE OR I WAS GOING TO BE SUMMONS TO COURT. I HAD SPOKE WITH BEST BUY IN THE PAST LETTING THEM KNOW WHAT THE ISSUSE WAS AND WHY I WAS UNABLE TO PAY HOPING THEY WOULD TRY TO WORK A PROGRAM OUT WITH ME AND THEY REFUSED SO NOW I AM GETTING PHONE CALL STATING IAM GOING TO BE SUMMONSED IF I DON'T PAY. MAY I INCLUDE THE ACCOUNT IS ONLY FOR $762 IS THERE A LIMIT ON THE AMOUNT THAT THEY CAN SUMMONS YOU FOR OR CAN IT BE ANY AMOUNT?
    0 Votes

  • 35x35
    Mar, 2009
    Bill
    You better make sure that you answer that summons and present yourself in court, if you do not then the court will pass a default judgment against you. I am surprised that you state that you were only an authorized user on these accounts as summons are supposed to be served to the actual owners of the account. You should check on your credit report to see if any accounts are showing in your name and the status of the same. You can get a free report at www.annualcreditreport.com
    1 Votes

  • 35x35
    Mar, 2009
    Erin
    I just received a civil summons from the sherriff for 2 credit cards that over 4 yrs old and closed. I stopped paying them b/c I was having financial trouble and couldn't afford it. The cards were in my mothers name with me as an authorized user. What is going to happen with this? I have never been summoned to court and I don't have the money to pay these debts?
    0 Votes

  • 35x35
    Feb, 2009
    Bill
    I hope the attorney was not the one who advised you to take any action, someone will have to represent your father in court and present the facts to the court. if no one appears in court, the court may pass a judgment in default favoring the creditor. Although, the creditors might not get anything as your father is on fixed income. My suggestion is to state the facts in court and let the court decide.
    1 Votes

  • 35x35
    Feb, 2009
    Joyce
    A credit card company is trying to serve a summons on my father who is in a nursing home and currently in hospice care. An attorney advised me that a judgement cannot be filed against him becaus ehe is living on social security and medical assistance. No money left whatsoever. Do I need to do anything about this? Seems the card was in his name only, will they try to come after my mother? Thanks
    0 Votes

  • 35x35
    Dec, 2008
    Bill
    You should certainly explore if the debt has expired its statute of limitations. If you think it has, you can send a debt validation letter to the creditor and the law firm and you should CERTAINLY mention if the debt is out of statute. Ideally, seek the advice of a local attorney and get her or his advice on the matter.
    0 Votes

  • 35x35
    Dec, 2008
    Donat
    I am summoned to court for a 13 year delinquent Radio Shack account In answer do I acknowledge it since it has been so long? Thank you in advance
    2 Votes

  • 35x35
    Dec, 2008
    Bill
    first, you should seek advice of an attorney (which I am not!) Secondly, to answer your question: it depends :) If you owe the debt and your answer admits that the debt is yours and there was no fraud or other circumstances involved, then you are probably best off working to settle the debt in a stipulated judgment (payment plan) or reduced balance lump sum. Good luck.
    0 Votes

  • 35x35
    Dec, 2008
    Jana
    My husband was served by Midland Funding and we answered the very next day with the help of Jay Johnson's templates for pro se answer, pro se notice of appearance and the certificate of service. I called the court house to see what we do next and they did not have his papers there yet. They said Midland had 10 days to file and then we would probably just be served again if they did not file by then. Is it best to try to settle with their attorney or would we have better chances to settle with them in court in front of the judge? What are the steps taken after being served and filing an answer? Who does what next?
    0 Votes

  • 35x35
    Nov, 2008
    Bill
    Now that they have proof that they have served you the summons, if you do not appear in court now, they can get a default judgment passed against you. This would apply to you regardless of what state you reside in currently. You should get help from a local attorney who will represent you and get this matter resolved. You can still negotiate a payment plan before the case is heard.
    0 Votes

  • 35x35
    Nov, 2008
    lorraine
    i have been summoned to a court in kansas for a credit card debt through capitol one bank i could not pay due to financial problems. it has been two years since the account was deliquient and the papers were delivered to my parents house. i don't live in kansas any longer and was just here visiting when the papers where delivered so i won't be here for the court date. can the courts decisoin affect me in a differnet state? what do you reccomend?
    1 Votes

  • 35x35
    May, 2008
    Bill
    I agree, the delayed payments may have already caused his credit to go down, but it is imperative that he finds himself an attorney to represent him or do it himself and appear at court because he still has an opportunity to present his case before the Judge who might be sympathetic to your situation and will work out a settlement without a judgment being passed. On the other hand, if you do not do anything, the court will pass a default judgment against you for non-appearance and that judgment will be reported on your credit report possibly for the next ten years or more depending on your state laws and that will make your husbands credit look much worse than what it is right now. That is apart form any wage garnishments or liens that might be awarded as part of the judgment.
    0 Votes

  • 35x35
    May, 2008
    Martha
    My husband has been summoned to appear before a judge because he is being sued by Capitol One bank for a credit card he failed to pay because of financial problems. This debt already appears on his credit report. How can this suit against him affect him in the future and what is usually done when he appears before the judge. Thanks,Martha
    12 Votes