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rellafella74 · 10-19-2009, 10:27 PM

Hello,
I need help. I’ve just been received a Summons from a Sears Citibank account that I had that was turned over to a Law firm. Back in May, I signed with a Debt Management company and they sent a proposal to Sears as the account was still with them. By the time the proposal reached them, the account had been turned over to a law firm. I then called the law firm and told them that I was working with a Debt Management company and if they would work with them. They said yes the company I signed with was one of the companies they worked with and to have them send a proposal. So I had my DM Company send them a proposal. That was in June, as of today, they have never accepted, but since June, I’ve been making payments on the account and they have been accepting the payments. So, I just assumed that I would just continue making payments and that would be okay. Then yesterday, I received a summons that I was being sued. The amount is for $1,209.22. Also, the letter says that If I wish to dispute the matter, I need to appear in court on 11/5, otherwise a judgment may be granted to the plaintiff.

I’m not sure what I should do next. Should I call the Law firm, or has that shipped passed and I just need to make an appearance on the court date? I’ve never been sued and kind of scared as to what will happen.
By the way, I’m in Wisconsin. Please let me know if I need to provide more info.

Thanks in advance
T.

wchambe641 · 10-19-2009, 10:50 PM

I live in Ohio but I would imagine the "being sued process" is somewhat similar in all of the states. Anyway, read your summons carefully! In Ohio we have 28 days to file an Answer with the court, otherwise the creditor will get a default judgement which means things may get worse for you. Also, send a copy of the summons to your DM company, sometimes they may or may not advise you what to do next. Another thing, I know tis is stressful but remain calm and take "baby steps", deal with one issue at a time. In my case I filed the Answer and am waiting for a court date. Once I get the court date, I am going to file a motion for a continuance for 60 days, in that time Iam going to work with my DM company and the creditorin trying to come to an payment agreement. The clerk at my court told me thatmost judges would rather have the case settledout of court versus having a hearing. So as always, read the summons thoroughly and if you have any questions call the clerk of court and/or an attorney.

rellafella74 · 10-20-2009, 08:52 AM

Thanks for the reply. There is a paragraph on the summons that states "Defendant who are no residents of Milwaukee County may join issue without appearing on the return date by serving a copy of their written answer to the complaint upon the plaintiff or the plaintiff's attorney, if any and filing the original answer with the Clerk of Circuit Court". I'm not sure what this means. Should I be answering the summons?

Please Help!

T

kfstaff24 · 10-20-2009, 09:05 AM

Make sure you show up in court that is the first thing. Second, go there armed with all your info and proof they have accepted your payments. Accepting payments is like accepting your terms. I really think you will be ok remember if you dont show they will get the judgment and that is what they want. They will have to explain to the judge why they accepted your payments. DONT MISS YOUR COURT DATE!

rellafella74 · 10-20-2009, 09:55 AM

I have another question, should I contact the Law Firm and try to work out something with them? Or is that not how it works, and I just need to show up in court now.

repblonde · 10-20-2009, 03:47 PM

Hi T!
Please check my thread (served with court summons, please help!) for some helpful tips from Skydiver. I am in the same boat,...but live in a different state and dealing with a different company. But I believe the same or similar processes applies. Best wishes to you,..believe me I do understand what you are feeling right now.
Jen

wchambe641 · 10-21-2009, 09:34 PM

rellafella74, basically what your complaint is saying is if you intend on filing an answer (response) to the complaint, your serve a copy upon the plaintiff and/or plaintiff's atty then file the Original (use blue ink for your signature) with the court. You'll need to get the cllerk of courts address and spend the extra money and send it registered. I live in Ohio and just was served with a summons and I filed my answer, pro se. I had to serve the plaintiff with a copy and with in three days of serving the pliantiff I had to file the original with the court. Please follow the instructions and be aware of your time limits, you do not want to have a default judgement against you. Also, in Ohio (cleveland) although I use the clerks direct address, the courts mail goes to a mail stop whicj adds about three additional days before the clerk actually received the answer. Thats why I suggested to sent it registered, if you answer gets held up, you have proof you sent it to the court in the required time. Alao, seeif you or their court has a website, that way you also check to when the answer was filed. May is suggestsent the original, a copy and a self addressed stamped envelope, the clerk in almost every case will you back a copy of the time stamped answer.

Shazzers · 10-21-2009, 09:40 PM

Quote:

Originally Posted by repblonde

Hi T!
Please check my thread (served with court summons, please help!) for some helpful tips from Skydiver. I am in the same boat,...but live in a different state and dealing with a different company. But I believe the same or similar processes applies. Best wishes to you,..believe me I do understand what you are feeling right now.
Jen

Here is the link she is talking about:
http://www.debtconsolidationcare.com...ad.php?t=53620

rellafella74 · 10-22-2009, 11:53 AM

Thanks everyone for all the responses. I decided after much consideration to call the number on the Summons of the Law firm that initiated it. The woman I talked to said she has been trying for the last couple of months to get a hold of my Debt Management company after they received the proposal. Apparently, I’ve been sending too low an amount and all they needed me to do was fill out paper work to determine what amount, based on my income and other factors, I should be paying. She said the phone number the DM gave her and some access code would keep repeating the same message over and over and then eventually hang up. So after four months of not getting any kind of response, they decided to send the summons. I had given my DM company the authorization to act on my behalf with the Law Firm, which is why they did not contact me directly.

So, the woman told me the amount I was sending was just not acceptable because it was way too low. She said I basically had two options in order to have the summons dismissed. I could pay $900 of the $1200 due if I could pay by the end of the month or I could pay the full amount off in 6 months. Unfortunately coming up with $900 by next week, just isn’t going to happen, so I settled for the payment plan. She’s sending me paperwork today and I am suppose to fill it out and return right away so that it can go to the judge and they can dismiss the summons.

Now, I need to call my DM company because this isn’t the first time, that I’ve gotten screwed with one of my accounts because of a lack of action by them. Not sure why I’m paying a fee, when I appear to be doing all the work. So frustrated.

Thanks again for all the advice.

T