i go ta court summons in the mail today (regarding a credit card i haven't been able to pay in a couple years due to financial trouble) thing is it doesnt say when to go? It says where and i think i breifly saw something about either coming within 10 or 30 days of recieveing it. Can someone tell me what a summons is exactly?
2006-10-26 16:59:37 · 7 answers · asked by Steveo 3 in Politics & Government ➔ Law & Ethics
It's a notice to appear in court for claims. Some people will ignore it and file bankruptcy or just ignore it all together. If you do choose to ignore it all together, if you work, just be ready for your employer to received a garnishment affidavit where they can take up to 25% of your GROSS PAY to pay the debt. I would probably go to the judgement hearing. Bring 1 month pay stubs and a bugdet if you can't pay for it. Depending on the statutes of where your from, you may be able to have a exemption hearing.
2006-10-27 05:07:49 · answer #1 · answered by koreangurl 2 · 1⤊ 0⤋
Read the summons very carefully. It will either give you a date time and place for some kind of pre-trial hearing where you will be called on to notify the court if you have any defenses to the claim OR it will tell you that you must file some kind of written response with the clerk of the court (or some other official) and serve (which usually means mail or deliver) a copy of the response to the plaintiff or plaintiff's attorney. Typically, if you fail to attend the pre-trial conference OR if you fail to file the written response, a default will be entered against you that will allow the plaintiff to get a judgment against you for the amount you owe. Once the plaintiff has a judgment, it is possible for the plaintiff to seize your property (subject to whatever is provided for in the exemption laws in your state), so it's usually not a good idea to ignore this. If you admit you owe the money and have no legal reason why you haven't paid it back (and not having the money to pay back is not a legal reason), your best bet would be to contact the plaintiff or plaintiff's attorney and try to work out some kind of payment schedule or discount. Of course, it is possible that you may have defenses to the payment of the debt (such as limitations, laches, waiver, estoppel and a host of other) of which you are not aware, which is why you should really consult a lawyer immediately so that you know where you stand. Good luck.
2006-10-27 00:21:33 · answer #2 · answered by RLP 3 · 0⤊ 0⤋
A summons is just a notice to appear in court. In cases where creditors are attempting to collect a debt, if you fail to appear to contest the suit a default judgement will be entered and you will have to pay the debt anyway.
2006-10-27 11:08:55 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The summons should clearly state the location, time and case number. Look at it again, carefully.
2006-10-27 00:02:36 · answer #4 · answered by Robyn C 2 · 0⤊ 0⤋
Unless you got a subpoena, I guess I shouldn't say this, but I wouldn't worry about it. Alot of times they'll do that to "scare" you to start paying.
2006-10-27 00:03:17 · answer #5 · answered by Nancy D 7 · 0⤊ 1⤋
Either you send the money or go to jail for life.
2006-10-27 00:04:57 · answer #6 · answered by Anonymous · 0⤊ 2⤋
you are going to need a lawyer. I know this is feeding you to the sharks, but it is our justice system, sad but true
2006-10-27 00:03:53 · answer #7 · answered by blue_eyed_southernman 4 · 0⤊ 1⤋