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Posted: Fri May 09, 2008 7:28 am

I've not gotten anything like this, but I'm just curious, what actually happens if you get a summons form a creditor? Are you being sued? What happens if they sue you?

Posted: Fri May 09, 2008 7:32 am

Most likely you are being sued, usually will say: "Summons Of Complaint". First you try to get an Attorney to represent you, if that isn't possible, you answer the complaint with your best defense!

Posted: Fri May 09, 2008 7:34 am

so if you get sued, what happens? Is that when they garnish your wages?

Posted: Fri May 09, 2008 7:39 am

They can only garnish your wages if they get a court order to do so. That's why you should answer the complaint with your best defense, show up in court, and depending on your situation, hopefully avoid the garnishment by setting up some type of payment plan with the creditor. I mean, that's the basics, unless you are protesting the debt, in that case, there are more steps and defense stradegy's to go through.

Posted: Fri May 09, 2008 7:43 am

Oh so if you do get sued, it doesn't mean they will for sure garnish then. If you can work out a payment plan, then you'd be basically safe from that?

Posted: Fri May 09, 2008 7:47 am

That's correct, first they have to get a judgement against you before they can garnish your wages, then they have to get an order from the court to garnish. Just make sure you always answer any summons you receive, and always show up in court, otherwise they will get a default judgment against you, and that's when all kinds of icky stuff can happen to ya!

Guest · Posted: Sun May 11, 2008 5:16 am

Also depending on which state you live in, certain income is exempt, it might be all states. It pretty much means you are judgment proof and they can't take your money. You need to tell the court though cause if they do get a judgment against you and you sign any papers, you have to pay. The thing is that a judgment varies by state, in my state of Massachusetts, it is good for 20 years. Some incomes they can't touch are, SSI, SSDI, Emergency Aid, Unemployment. It is wise that if this fits your situation, check up on your states laws to find out. I read the laws so much for my state that I should go to law school. If I where being sued by a debt collector, I could get them to them to fold a royal flush. The only reason why debt collectors win in court is because people don't show up or answer a summons OR they don't fight back hard enough.

Oh yeah and that law school part, I am considering it and hopefully I will help out consumers. Maby work with the NACA!!!!!!!!!

Posted: Sun May 11, 2008 5:24 am

Guest:

Guest · Posted: Sun May 11, 2008 11:32 am

Well the laws in Massachusetts are different than your state probably. But I have all day, except when I go for radiation to mess around on the computer. I sleep aabout 4 hours a day so I have plenty of time to investigate debt collectors.

If you are having a problem with any of them Shazzers, post the name of the company and I will see if I can help.

Posted: Sun May 11, 2008 11:49 am

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what happens if you get a summons?

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