Internet's first get-out-of-debt community - 135,000 members

Hello everyone!
I received a summons yesterday and I would like to find out what my next move is. I was unemployed for some time and couldn't make any payments to them, but now that I am getting back on track I would like to take care of this myself without it going to the courts or wage garnishment. Does anyone out there have any advice they could lend? It would be greatly appreciated! Thank you so very much! Crying or Very sad

Posted: Wed Apr 12, 2006 6:51 am Subject:

who was the summons from??

Posted: Wed Apr 12, 2006 6:56 am Subject:

Dream_big~

It was from a payday loan company in my area called Cash Connection?

Posted: Wed Apr 12, 2006 7:16 am Subject:

Is this a store front lender?

Posted: Wed Apr 12, 2006 7:19 am Subject:

Yes it is.

Posted: Wed Apr 12, 2006 8:00 am Subject:

To answer your first question, the opportunity to take care of the problem in a way you find reasonable has been taken away; if you got a valid summons then you're already "in court". (btw, if the summons is not signed by a clerk of court or deputy clerk, it's probably just a threat - call the clerk of court to find out whether it's real.)

Next issue is what you've got to do about it. There's basically two ways that courts operate; if you got something called a "summons" rather than a "complaint" then you're probably supposed to show up in a local lower-level trial court in which you may not be entitled to a jury, purely to set a trial date. If that's the case, when you get there, ask the judge to order the plaintiff to file some kind of pleading telling you exactly what you're being sued for. You can put it just like that, you don't have to know the technical names for things. You may be ordered, as well, to produce an answer to their allegations. On the other hand, you may be required to file an answer within a set period of time from the date of service of the summons upon you. Again, call the clerk's office and ask them what the procedure is. Better yet, find a friend, relative, or someone who knows a lawyer in your area whom you can ask for free.

Generally if you got something called a summons, warrant, or complaint, you're being sued. It's not an optional procedure, you are required to show up and defend yourself or suffer the consequences. And, by the way, a mistake I often see in such situations is when people have the notion that the judge is part of the plot against them and try to argue with the judge. The judge represents the sovereign, the people of the state, and is a very powerful government official. Don't mess with judges. Say "yes, ma'am", or "yes, sir", "no ma'am", or "no sir", as appropriate. Stand up when you speak to the judge. Be as respectful and polite as if you were a peasant in the middle ages addressing the king. That particular person sitting on the bench may be a jerk, but the people he/she represents deserve your respect (or they'll throw your sweet li'l ar-se into jail for contempt without a trial; can they do that? you betcha).

Posted: Wed Apr 12, 2006 8:07 am Subject:

Virginia Legal~
The paperwork states Summons and Complaint on the top of it. It is signed by a court clerk with an expiration date next to it. It says that I have 21 days to file an answer with the court? (what does that mean) I want to settle this and get it paid, but I don't want to go to jail or anything, what should I do. I have no one that is a family lawyer or anything like that, just me and my daughter.

Posted: Wed Apr 12, 2006 8:22 am Subject:

You won't go to jail. They will get a judgment against you that they can either garnish your wages or you can pay them through the court. It's probably small claims court. We had this happen and worked about a payment plan with the place and we are now paying through the court. We "denied" it because they were in our consoliation with T&C and now we have pulled them out of there and are paying through the court. Don't worry, it will work out. Smile

Posted: Wed Apr 12, 2006 8:29 am Subject:

Sue~
Well I am glad to hear from someone who has/is going through the same thing. It just worrys me is all. I don't know what to do next? I have 21 days! 21 days to do what? I want to make payments to them.
Was yours through a cash advance company also?

Posted: Wed Apr 12, 2006 8:34 am Subject:

If there's a complaint, you have a document that contains numbered paragraphs in a standard legal format. Follow the same format, with the name of the court, case, and case number exactly the same way the complaint has that stuff. Call your document an "answer" instead of "complaint". Then write a bunch of numbered paragraphs in which you either admit or deny the identically numbered paragraphs in the complaint. Sign it at the bottom and print your name and address under the signature. After that, include a paragraph that tells whom you sent copies to, and what day, and how you sent them (mail, hand delivery, or whatnot) and sign that paragraph.

Send a copy to the lawyer at the address stated at the end of the complaint, make a copy for yourself, and take your copy with the original to the courthouse and file the original with the clerk, but ask the clerk to file-stamp your copy and give it back to you so that you'll have an official record of having filed the answer. You have to file it within twenty-one days, eh? Sounds like Virginia. But what that means is that the day you got the pleading was day zero, day one is the first day after you got service of process. If the last day falls on a Sunday, or other day when court is closed, then you've got until COB on the next business day to file your stuff. I advise you not to wait until the last minute, your car could break down or something.

Tips on admissions and denials: think of this as a true/false exam. If the statement is completely and strictly true, say, "Admitted."; if it's not strictly and completely true, say, "Denied." You're generally required to admit as much as you can, so if you need to add some explanation, that's ok, but "tell the truth but don't blab it."

At the end of all your numbered paragraphs, you can add affirmative defenses, so you can say that you're also relying on the statute of limitations, fraud, laches, mutual mistake, waiver, estoppel, etc. you can also throw in a motion to dismiss if there's no jurisdiction, if the complaint fails to state a cause of action, etc.

Wouldn't hurt to check with a lawyer in your area. If the amount they're suing for is less than $10,000 I would say it might not be worth the trouble and expense, just pay them off if you're at all liable. But you can probably talk to a lawyer for half an hour for free or for very little cost.

Posted: Wed Apr 12, 2006 8:37 am Subject:

angel,

A little trick I used with the store front lenders was that when they called and threatened me I either pay now or they will report to the IRS. I told them i would call them back in one hour that I needed to speak with my attorney and before we hung up they split balance owed into 4 payments and dropped all the interest.

Posted: Wed Apr 12, 2006 8:42 am Subject:

Virginia-Legal~
Thank you for all of your advice. I like to think of myself as an intelligent person, but I am so confused by all you have told me! So I am just writing a response, in the same format that their letter is in, confirming and/or denying the alligations in each paragraph, right? The amount owed including all court costs is just over $2,000. Of course I can't pay it all in one lump sum, but I am willing to may arrangement, if that's allowed!

Posted: Wed Apr 12, 2006 8:44 am Subject:

Tammy~
I didn't get any phone call or anything. I received this summons with a letter that they said was sent to me which I never got. So this is the first that I am hearing anything.

Posted: Wed Apr 12, 2006 8:54 am Subject:

Angel,

So did you get the summons in the mail or served? I was served by a process server. I wasn't sure what to do so I called T&C and talked to someone who called the courthouse in my county and they told me what to do. I "denied" because we already had a payment arrangement and then we went to court and the payment arrangement stayed the same. The business representative looked pretty stupid to the judge because there was already an arrangement in place but that's her problem not mine. Maybe call your courthouse and talk to someone about what you should do.

Posted: Wed Apr 12, 2006 8:59 am Subject:

Sue~
I was served at my house by a server. Didn't even give it to me, but to my friend who they asked if I was home. No signing for it or anything, is that strange? I don't have any prior arrangements with them, so I just don't know how to go about setting any up?

Posted: Wed Apr 12, 2006 11:56 am Subject:

Angel - Chances are that if the friend doesn't live in that house, it's not good service. You can move the court to dismiss for lack of jurisdiction. So that's something you could do even before filing your answer. Any written motion will get you out of default judgment danger as long as it's filed within the 21 days (I think that's true all over). But otherwise, your understanding of what to do is correct. If you file an answer without contesting jurisdiction based on lack of service of process, then you're waiving that argument and submitting to the jurisdiction of the court. You really need to check the law in your state.

Sue - if you have an agreement in writing that settles the debt, whether it's got a payment plan or not, that's a settlement agreement. Once the claim is subject to a settlement agreement, the only issue is whether the terms of the settelement agreement are being carried out. States vary on whether the agreement to settle or compromise a claim has to be in writing. But often, they'll propose some kind of payment plan, not to settle the claim, but just to get you to send money. Then they'll act as if you never had any agreement and demand more. I suggest always getting something in writing, even if you send a letter accepting their offer and stating the terms as you understand them (offer, acceptance and consideration is a contract).

*Name:
*Email:
*Phone:
*Zip:
*Debt

	* denotes required field

Internet's first get-out-of-debt community - 135,000 members

Received a SUMMONS - What are my options/steps now? Please!

Members Area

Free Debt Counseling

Ask the community

Also See

Featured Discussions

Featured Articles

Recent Forum Discussions

Recent Blog Post