i have recieved a summons and called the courts, this is real, their is no date on it and it was given to a family member not to me. i called to collector and they wont accept anyting less than half of the debt to drop the case, i offered to start a payment plan they refused...
2007-02-06 04:14:57 · 8 answers · asked by myhorsedoestricks 2 in Business & Finance ➔ Credit
In most states you have 30 days from the date served to answer the summons. It's best to get an attorney involved at this point. If you don't answer it, a court ordered judgment will be issued against you for the full amount of the claim without you ever defending the case. An attorney may be able to work out a payment plan.
2007-02-06 04:23:36 · answer #1 · answered by number9 2 · 0⤊ 0⤋
Call the court house directly.
THis sounds like a scare tactic and an illegal one at that!
SOmething seems fishy about this.
No court would issue you a summons and give it to a relative.
They would have no way to even know you recieved it!
Dont take my word for it by definition:
summons n. a document issued by the court at the time a lawsuit is filed, stating the name of both plaintiff and defendant, the title and file number of the case, the court and its address, the name and address of the plaintiff's attorney, and instructions as to the need to file a response to the complaint within a certain time (such as 30 days after service), usually with a form on the back on which information of service of summons and complaint is to be filled out and signed by the process server. A copy of the summons must be served on each defendant at the same time as the complaint to start the time running for the defendant to answer. Certain writs and orders to show cause are served instead of a summons since they contain the same information along with special orders of the court. After service to the defendants, the original summons, along with the "return of service" proving the summons and complaint were served, is filed with the court to show that each defendant was served. A summons differs from a subpena, which is an order to witnesses to appear.
Since they cant prove you got it, and what you did get didnt have ANY information, this is just to get you to pay up immediately.
DOnt panic
that is what they want you to do.
Save the document it might be illegal and you can sue them for fraud and scare tactics to harrass you!
2007-02-06 12:31:49 · answer #2 · answered by lisa s 6 · 0⤊ 0⤋
I had recieved a summons from my creditors also. I called them and they made arrangements with me I paid the debt off in a year needless to say I had to pay them a huge monthly payment. Now my husband also had a summons never went to court, the company won the judgement, but they really couldn't do anything after that. Now my husband still owes them and it's negatively on his credit report. So you could go two ways either speak to the manager of the credit company to make payment arrangements or just blow it off..........
2007-02-06 12:56:17 · answer #3 · answered by Gwen M 1 · 0⤊ 0⤋
If you received a summons you MUST appear in court. Call the clerk of courts office and ask them for the court date. The summons should have the date and time on it. You may also want to speak to an attorney.
2007-02-06 12:21:04 · answer #4 · answered by cinsingl83 3 · 1⤊ 0⤋
they are asking you to appear in court. you must appear. the court will set up payment arrangements but you need w-2. or 1099 and last 2 months of wage records, as well as a list of other financial obligations. this will help you in court, you may want to get an attorney.
2007-02-06 12:29:25 · answer #5 · answered by pegasis 5 · 0⤊ 0⤋
Make note of the efforts you made and the parties to whom you spoke also provide all the payments you had made as well as your reasons for stopping payment. You could call a credit aide center and see what else they recommend but it may be too late for them to help with this situation other than what I have stated above.Good Luck!
2007-02-06 12:21:22 · answer #6 · answered by Walking on Sunshine 7 · 1⤊ 0⤋
Read this, called the collector and tell them you will be forced to contact the Senate Finance Committee and your Senator (by name) on all correspondence and their unwillingness to work with you on this. They are bullying you, and no matter what they say they will take what you can give them, and will avoid court if possible as they lose money doing that.
2007-02-06 12:38:41 · answer #7 · answered by St.Jeb 4 · 0⤊ 0⤋
Screw 'em! I have debt, and was umemployed for 7 monthes and they would not work with me, so forget them!!
2007-02-06 12:22:58 · answer #8 · answered by Anonymous · 0⤊ 1⤋