Received court summons for credit card debt: Help!!!

Post New Thread
Sub: #17
Replied on 11-08-2010, 12:39 AM
Reply With Quote

deny everything. Whatever it says on their complaint or petition, deny it. FIRST OF ALL make them prove they own the debt. Anybody can say they are collecting a debt you got with someone else. In fact more than one party can try to collect the same debt since they can be sold more than once. Even if it is yours, you don't know that these are the people you should make your payments to. It would be terrible to pay them off only to have someone else show up and sue you again, IT HAPPENS, CUT THE CARDS. Make them prove you owe it. These people sometimes pay 2 cents on the dollar and will try to collect the entire amount which is extortion/racketeering. If party A wrote off $200 on their taxes then that amount needs to come off the collected amount. MAKE THEM PROVE IT, trust me, this people are pathological liars and users. They need the contract you signed WITH YOU SIGNATURE ON IT, not just one like the contract, they need charge slips, they need someone with personal knowledge, they need proof they own the debt.

Just enter your appearance, comes now so and so and enters his appearance pro se in the above-captioned blah blah

send a copy by certified mail to plaintiff counsel and file original with court.

on the answer you put DEFENDANT'S RESPONSE TO PLAINTIFF'S COMPLAINT (all these with the case caption, etc at the top)

Then put Comes now defendant whatever your name is and in response to Plaintiff's complaint alleges and states as follows:
1. As to count 1, what it says, plaintiff denies because plaintiff has failed to establish a claim upon which relief can be granted and failed to establish standing.
answer each number DENY ALL KNOWLEDGE.

cert of service to plaintiff attorney at such and so address by U.S. MAIL, certified, postage paid on the blank day of blank.

sign your name and address and all that stuff, your email and phone

Everything you prepare sign under the Answer or whatever it is section and sign under the certificate of service.

originals and a copy go to court with a stamped envelope to return, copy goes to plaintiffs attorney

send a cover letter with docs to clerk saying what you're sending and asking to return copy.

For the answer I would send certified so you can prove you sent it, i don't stress over signature just something to show it was delivered.

you might want to include a motion for summary judgment and dismissal on those same grounds, fail to state a claim and lack of standing as well, send a copy to plaintiff etc.

there are some forms you can find here if you need something to go by. Lots of people have left outlines, any questions ask but DENY DENY DENY. DON'T ACKNOWLEDGE ANYTHING. Its an ALLEGED DEBT, you don't know what its for so DENY. they won't be able to prove it. they need to prove it like i said you can end up paying 2 or 3 times.

Sub: #18 afraid
Replied on 11-08-2010, 12:42 AM
Reply With Quote

Don't be intimidated. Thats what they want. Just go in and defend yourself, you're as good as they are. You don't know the particulars like an attorney does but you prepare your documents and look them in the eye. BEING AFRAID is what they want you to be, so afraid maybe you don't even show up.

Go and fear no more.

just wondering
Anonymous
Posts: n/a
Credits: 50,410


Sub: #19
Replied on 12-15-2010, 06:45 PM
Reply With Quote

can they get me for failure to appear on this creidt card summons or will I lose by default?

Sub: #20
Replied on 12-15-2010, 10:18 PM
Reply With Quote

If you've received a summons, you will have to give a reply to it. If you don't give a reply, they will win a default judgment against you and may garnish your bank account or your wages.




Thread Tools
Display Modes

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 12:08 AM.






* Disclosures:
  • By signing up for counseling session, your provided details (Name, Email ID and Phone No.) will be forwarded to the company advertising on the DebtCC. However, you have no obligation to use their services.
  • Some creditors and collection agencies refuse to lower the pay off amount, interest rate, and fees owed by the consumer.
  • Creditors/collection agencies can make collection calls and file lawsuits against the consumers represented by the debt relief companies.
  • Debt relief services may have a negative impact on the consumer's creditworthiness and his overall debt amount may increase due to the accumulation of extra fees.
  • The amount which the consumer saves with the use of debt relief services can be regarded as taxable income.
Page loaded in 0.051 seconds.