summons from court from law firm for collections?

Question

I'm on disability and received a summons from the court from a law firm to collect a debt from a credit card company. There is no court date, just infromation on where it is from and the law firms address ect. What am I supposed to do now? I know that being on disability they can't garnish the money from social security but just need to know if I should contact anyone. Thanks for your answers

Answer 1

Disclaimer: I'm not a lawyer, but I have been in the same boat as you!

Do not ignore the summons. There is no court date because you have to respond to the complaint associated with the summons. A court date will be set AFTER you have answered the summons and all pretrial stuff has been worked out. Did you receive a complaint written in strange legal-speak that was attached to the summons along with any evidence?

I would immediately file for an extension to answer the summons while you try to get assistance from a lawyer or legal aid as well as research your options. If you fail to answer the summons, you will lose your court case. While they might not be able to garnish your disability payments, there are other things that they can take as well as make life generally difficult for you. You certainly don't want a judgment on your credit report.

When you craft your answer, I suggest that you let them know of your situation. It sounds like they will get nothing from you should you lose anyway. Definitely please file for an extension to answer if it is allowed in your state as well as contact an attorney. You only have 20-30 days to respond to the complaint that came with your summons. Failure to answer the summons will create legal problems down the road. Make sure you answer so you can preserve your rights and notice of future hearings.

Make sure the summons you received came from the court. It is possible, although this is very illegal, that the collections company is just trying to scare you or trick you by sending your fake documents. If it came from the court, it will have a case number on it. Call the county clerk's office to make sure it is valid.

Also, one final point, check to make sure that the statute of limitations hasn't expired on your debt. If it has (and this differs from state to state), their lawsuit has no bearing, but you will have to assert this defense when you answer the complaint against you. Best to speak with a lawyer about doing this.

EDIT: I read the other responses posted here. They are not helpful. Do not contact the lawyer suing you if this case is indeed real - you could hurt yourself by doing that. Contact a lawyer or legal aid first. Also, do not waste time validating your debt. It is too late to do that. If the case continues, you will have to validate your debt in court through the discovery process by making the debt collector produce documents showing they have a claim against you which is what debt validation would have done earlier. Once your case has gone to court (which it has), debt validation will not stop proceedings nor will it help you.

One final point...another person mentioned that if the summons is fake to turn around and sue the creditor. It's almost impossible to prove that the creditor was in the wrong. And if you do win $1000 from them, you'll end up having to give it to the creditor anyway to offset what you owe. Your best bet is to focus on getting them off your back.

Good luck :)

Answer 2

Very few details to form a good answer for you here. First call your clerk of court where they supposedly filed, and see if there is indeed an action against you. If no case pending and they made it look like a summons, it's a FDCPA violation worth $1000.00. If no case is pending, send them a debt validation letter quick. Either way, for more info go to
www.creditinfocenter.com choose forums at the top-legal issues-is there a lawyer in the house, you will get the best help there outside of an attorney. That is assuming you want to fight this. We need to know how many junk debt buyers or other collectors this has been through, and if you were actually served what the summons says etc.

Answer 3

Don't worry too much.. If your not working they can't garnish your wages and they can't touch disability. If you have a home then can put a lien on it but so what. They can't get their money until you sell it so never sell it. If you ever mailed the creditor a payment before from a checking account then they could have your bank information and thats an asset for them. They get a judgement and then go in one day and grab all your money out of your checking account. If thats possible they have that information then close it tomorrow and open a different account at a different bank and if you decide to pay them then pay by money order only and tell them you don't have a checking account. good luck!! Creditors are blood sucking high interest rate robbers in my opinion and impossible to pay back their inflated rates.

Answer 4

This question looks familiar. It has been asked before. In any event you have a summons , it lists a law firm so contact the law firm unless you want to be a leech. If a person, disabled or no, runs up a credit card debt, he incurs an obligation. You received the merchandise or service SO PAY!! Judge Judy would not have kind words for you.

Answer 5

If they have no funds to garnish from you I would not worry about it. Especially if you can't afford to pay them. They will just have a judgment against you in case you start working again. They will garnish those wages.

Don't contact them they are just going to harass you into sending them your last penny.

Answer 6

It sounds fake if there's no court date listed. Contact the company who send the "summons."

Answer 7

Are you helpful they can't garnishe wages? it fairly is loopy. in case you do no longer pass to court docket you're violating an order of the court docket and may well be arrested at present and stay in detention center aside from once you're in court docket. Did you deliver them the $2 hundred in any month? you will desire to have long gone forward and despatched them a examine for$2 hundred and then they in all likelihood does not have long gone to court docket. it is exensive to try this. you would be able to desire to have provided them a smaller volume that the $2300 to pay it in finished --- i.e. grant them $1500 to pay it in finished and then pay them $1500 in case you have the money. in case you have not got any assets and no mark downs, then you definitely would desire to document financial ruin and not would desire to pay it. you do no longer say what debt is for. besides the undeniable fact that, i've got faith in paying debts. you are able to grant a settlement grant to get rid o fthis and you will tell them in court docket which you despatched qualified mail and called and emailed and did no longer get any valid reaction and instruct them what you despatched and what you won. Say they never made an attempt to setle with you or settle for a charge plan. Ask the decide if he can get them organized to fulfill with you to attempt to artwork out something. i think of you are able to artwork out something to pay in lump sum (tell them you are able to borrow it from a chum and pay off the pal for the $1500 to pay them in finished) and notice in the event that they do no longer settle for it. Had you paid them the $2 hundred each month, I cna't think of them going to court docket in any respect. by using ignoring you in simple terms make the area worse and to no longer pass to court docket once you got a summons may well be fairly stupid. i'm thinking in case you be afflicted by melancholy as they oftentimes have a manner of ignoring issues hoping they'll pass away, yet they incur previous due costs and so plenty greater complication. you will desire to barter now and get this resolved and pay it off besides the undeniable fact which you artwork it out. good success.