I was served a court citation for credit card balance. Who do I respond to ,the court or collections attorney?

Answer 1

As for collectors not being able to sue, collectors can and do sue people on a daily basis. In fact the majority of credit law suits are filed while they are in the hands of collectors.

anyway......


If you receive a court summons, you should contact the court clerk to check for sure that a suit was filed in your name.
If so, you need to file an answer to the summons within the time allowed.

Even if you contact the collection lawyer to try to settle the account before it goes to court - you still need to file the answer.
If you fail to file the answer they will get an automatic default judgment against you. Even if you make an agreement with the collector/lawyer and you fail to answer, they would probably still try to get the default.

If you do make an agreement - YOU take a copy of the agreement to the court clerk and request that it be placed in your file. DO NOT depend on them to do it. (they probably won't and then they may still try to get a default judgment against you)

If you are past the collecting SOL for your state, include an affirmative defense of SOL in with your answer.
You should include your states SOL statutes in with your answer.

You should also use your states rules of civil procedure (RCP) as a guideline to writing up your answer.

You might click on my profile and click on the last link I have listed. It is a "free" credit discussion board. You will be able to find what you need, links to your RCP, SOL statutes, etc.

Answer 2

First, please do not listen to BRYAN G he does NOT know what he's talking about! Collection agencies can take you to court. Call the court house in which the summons is from (the information will be on the page) and find out when your court date is. You have two options, either go to court -hopefully the creditor does not show up, and the case will be thrown out. If they do show up you can do arbitration or sign a stipulation to make payment arrangements. Second, contact the creditor (before the court date) and make payment arrangements. Be sure your payment arrangements (or stipulation) is in writing; therefore, you can file it with the courts. Just so you know... in some areas (depends what state you live in) if you sign a stipulation, and you default the creditor can do a wage garnishment on you without taking you back to court! So be sure to make arrangements you can afford!

Answer 3

Get your own lawyer before you talk to anyone from the other side.