I've been paying Careonecredit a debt management company, monies to 4 creditors. ONe of the creditors has served me with a warrant in debt?!?!?! Apart from a few non payments due to rent, car and childcare money issues, I'm not sure why they are doing this, except to harass me.
2007-07-14 01:44:07 · 3 answers · asked by sojoy1224 1 in Business & Finance ➔ Personal Finance
Going is a good idea if you would like to have some influence (albeit minor) on what happens next; if you DON'T go, you will be required to do as you are told by the Court.
They are not trying to "harass" you, they just want the money you owe them! If the situation were reversed, you would do exactly the same thing.
Good luck...
2007-07-14 02:36:51 · answer #1 · answered by Anonymous · 0⤊ 0⤋
DO NOT IGNORE THIS SUMMONS!
First, verify that it is from a valid law firm. Debt collection agencies have lots of tricks up their sleeves, sometimes not too legal.
A summons is the result of a creditor turning over your file to a law firm for litigation. Their job is to get a legal judgment against you, not to try to collect the debt or harass you.
NORMALLY, here in NC, you would have received some communication from a law firm prior to receiving a legal summons. So this "warrant" may be that and not a full summons. If it is a filed summons, it may be too late for negotiations. A filed summons will have a clerk of court stamp on it.
Second, call the law firm paralegal handling your case - should be listed on the letter accompanying the warrant/summons.
These paralegals have a lot of power to go to the creditor and plead your case. Be very civil with them. If you piss them off, you are definitely going to court. If they are having a bad day, call them back tomorrow. They will work with you to help you resolve this.
Tell them your story, executive summary version, and ask them for their suggestions.
If you agree with them on a plan, they will take it to the creditor for their approval. If the creditor doesn't agree, you must appear (physically or have a lawyer do it) at the hearing - unless you want an automatic judgment against you.
If there is an agreement, you must live up to it, because the summons will just be put on hold pending your performance.
If you go to court be prepared. This isn't Judge Judy's court. You need verifiable documentation. The debtor has the burden of proof, unless of course it isn't a valid debt, then the creditor must prove they have a claim.
Good luck.
2007-07-14 02:47:00 · answer #2 · answered by Bill R 7 · 0⤊ 0⤋
I think you are required to attend by law. You might get in trouble if you don't
2007-07-14 01:52:49 · answer #3 · answered by Anonymous · 0⤊ 0⤋