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BenScotty

I just received summons from JPRD Investments LLC. It's due to credit card debt I had from Chase Manhattan Bank. I'm really confused and worried about what steps I need to take next.

I am in a position to make payments but I can't afford the full amount ($2,313.37). Do I respond to the summons and if so what do I put in the response letter.

There's no way I can afford an attorney. What now?!? PLEASE HELP!!!

MJD · Posted: Tue May 20, 2008 10:32 pm Subject:

I am no expert but I can tell you, just cuz they are suing doesnt meant they will win. They must show the judge proof that you are they person who owes the debt. Do not offer to pay them. Wait until your are ordered to pay, if they prove the debt is yours.

What county are you in?

BenScotty · Posted: Tue May 20, 2008 10:41 pm Subject:

Thanks for your response MJD I am in King County.

When I respond to the attorney what do I send. Is it a Notice of Intent to Defend or just a well written letter that states I would like a hearing.

I don't really dispute the amount owed but I would like reasonable payments.

Posted: Wed May 21, 2008 4:19 am Subject:

Hello BenScotty,

As per I know, if you don’t respond to a Summon them you will be adjudged to have done contempt to the court and it will become mandatory for you to appear before the court. In such a situation you may either be fined or be held behind the bars for contempt of court.

Though you want to avoid an attorney, but the best possible way-out in such a case is to go for an attorney who will help you to review the document properly and represent you before court.

By the way, within which date do you have to respond to the summon?

Phoenix

Guest · Posted: Wed May 21, 2008 6:36 am Subject:

Thanks phoenix. I received the summons yesterday May 20th and it states that I have 20 days from the date I was served to respond.

I cannot afford an attorney at least I don't think I can. I'm not even sure what kind of attorney I need to speak with.

Also I have never heard of the plaintiff who I assume is the CA trying to collect this debt (JPRD Investments). The summons doesn't give any contact info and I tried to google their name and couldn't find any.

I have had no correspondence with them. I would like to speak with them before I respond to the summons to maybe try an reach an out of court settlement.

Posted: Wed May 21, 2008 7:30 am Subject:

JPRD INVESTMENTS, LLC
UBI Number 602739672
Category Limited Liability Regular
Profit/Nonprofit Profit
Active/Inactive Active
State of Incorporation WA
Date of Incorporation 06/27/2007
License Expiration Date 06/30/2008
Registered Agent Information
Agent Name CLEMENCIA CASTRO WOOLERY
Address 1201 PACIFIC AVE #1200
City TACOMA
State WA
ZIP 98402

Cellular · Posted: Wed May 21, 2008 12:13 pm Subject:

First if you don't respond to the summons you will not be found in contempt you will get a default judgement against you and the CA will win. Second, when I had a court case in Snohomish County they said all I had to do is provide a written response (no special form or format). Check with the court and see if that will work, they will probably say do what ever you want since they can't give legal advice. Also ask the court if there is a small claims assistance office (the amount should make it small claims) who can help you. Otherwise call the local bar association and they may be able to get you a free or reduced fee consult with a lawyer. In California it is $35 bucks for an hour.

When you file your response deny knowledge of the claim and request that the CA provide validation in accordance to the federal law.

Posted: Wed May 21, 2008 10:11 pm Subject:

Dear Ben Scotty,

From your posts what I have understood is that you have 20 days time in your hand to respond to the Summon. At the same time you are not willing to go for an attorney.

At this juncture it will be best for you to resolve the matter with your creditor or Creditor’s attorney itself within this 20 day time period. In such negotiations you have two options: -

•If you offer your creditor a large chunk of your outstanding debt (say, 60%) through a lump sum payment then he may go for a settlement at a reduced repayment and also withdraw the court case. You can do this by discussing this matter with the creditor’s attorney.

•But it might happen that you are not in a position to offer him a lump sum amount. In such a position, you can show your willingness to go for a monthly payment at a reduced rate. The lender might well accept this offer and stop its coercive collection activities. But it may not withdraw the case against you because they will use it as a threat to you in case of default of monthly payments. You can discuss with the lender’s attorney about different repayment plans.

Regards,

Phoenix

Posted: Thu May 22, 2008 1:16 am Subject:

Honestly I think it is jumping the gun to just blindly offer to pay them, as Phoenix keeps suggesting. You have no idea who they are so why pay them???

Answer the summons! Like Cellular said, call your courthouse and ask what format you should respond with, also check with them to make sure it is a real case and not bogus!

Basically there should be a set of 'statements', numbered like:

1. So and so company is located at blah blah blah.

2. So and so resides at wherever you live, blah blah.

3. So and so owes company X amount of dollars.

You want to answer these statements with agree/deny/insufficient knowledge to agree or deny. Basically you want to deny everything that says you owe money, as you have no proof of this.

THEN during the discovery phaze you can demand validating documentation. Hmm also I would counter sue for them never bothering to notify you about the account in the first place and whatever other violations you can manage to get on them.

BenScotty · Posted: Thu May 22, 2008 7:27 am Subject:

Wow you guys are the best! I have really been worried the last couple days about this.

I already typed out my answer. The only part that needs work are my Affirmative Defenses. I'm not sure what they all are. So I plan on seeing an attorney to review my answer.

I will also try to contact the plaintiffs attorney and try to reach a settlement. I will offer $1,100 of the $2,313.37.

If you guys have any more advice I'm definitely all ears. Thanks again guys!!!

Cellular · Posted: Thu May 22, 2008 10:12 pm Subject:

Don't offer any kind of settlement until they legally provide you with all the information they are required to.

If they are bogus they will take your offer and then you willhave to worry about the real holder of the debt showing up.

When you go to court, (and after you find out this is a REAL suit) and do go to court, (don't except anything from there lawyer about change of date without verifying with the court) you will have a chance to offer a settlement there once they have provided proof of the debt.

Guest · Posted: Fri May 23, 2008 3:04 am Subject:

Personal swings at guests or members is forbidden!Cajunbulldog

BenScotty · Posted: Fri May 23, 2008 4:56 pm Subject:

What legal documentation are they supposed to supply? Do I need to send a Validation of Debt letter to their attorney or to JPRD directly?

Posted: Fri May 23, 2008 11:29 pm Subject:

You will have to do it through the discovery process...ask your courthouse about it and check your rules of civil procedure for your state, that should give you the rules regarding such things. If they don't comply you can supena (I can't spell that darn word) Smile

those records, not to mention they could possibly be held in contempt.

BenScotty · Posted: Tue May 27, 2008 10:32 am Subject:

So I have an appointment with an attorney on Thursday. To go over my answer to the summons.

She mentioned over the phone how bizare it was for the CA to be represented by an attorney who is about 3.5 hours away from Seattle (where I live).

Hopefully the attorney doesn't charge me an arm and a leg for this service.

Posted: Tue May 27, 2008 1:14 pm Subject:

Not sure if a summons is the same as them filing in court or not, but I had the same, had no idea who they were and filed a counter claim. The counter claim basically said I didn't owe them any money, didn't know who they were and that they hadn't provided me any docs to indicate what I owed them for. I didn't hire an attorney. I took my counter claim to the courts where it was filed. It was dismissed the day of the hearing, by phone.

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