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Posted: Sun Oct 15, 2006 6:39 pm Subject: Civil summons

In 2003 I defaulted on a credit card due to personal financial difficulties. Although I was enrolled in a debt settlement program,the monthly fees were equal to my "payment". I just wasn't able to continue to pay money to a nonpofit group,thus getting myself deeper in debt.

I paid off several cards on my own but was unable to totally pay off one. Each time they called at my work they demanded a check by phone and like a fool,I did so. They told me they would have my job,get my car, and that I would never be able to borrow money again. I belived them and simply kept paying each time they called. I finally refused to pay any further. I ultimately lost my job. While I was told it wasn't related to my phone calls at work I felt that it had something to do with it.

This weekend I received a civil summons from district court me vs. a collection attorney. Please,someone tell me what this means other than I am being sued. The sheriff wouldn't say anything and frankly,I am terrified.I have no unpaid cards,so this has to be from this one. The previous balance was $400 and now it is over
$2,500. I don't know what to do or who to turn to. I am terrified that I will loose my job. After 3 years I have been able to obtain another job even though it is a part time. I know this sounds stupid but I don't know what to do. I am embarassed and ashamed that I have gotten myself into this mess. Please someone help.

Posted: Sun Oct 15, 2006 7:27 pm Subject:

If you received a summons, then it would be in your best interest to show up, otherwise the judge will issue a judgement by default against you. If you show up and explain your sitation you may be able to work out an agreement with your creditor. I don't think you would lose your job over a debt. Not sure what you do but there would be alot of unemployed people out there if we all lost our jobs because we couldn't pay our debt. But I would not ignore the summons, show up and try to work something out, it is better than getting a judgement by default and then the creditor could possibly get an order to garnish your wages.

Posted: Sun Oct 15, 2006 7:36 pm Subject:

Thank you for your response. On the summons it states written response in 20 days in order to avoid a default judgement. What do I write? I can in no way afford a attorney so I am doing this all on my own.

Posted: Mon Oct 16, 2006 3:42 pm Subject:

File your papers with the county clerk who has issued the papers. He may assist you on how to do it. Since you have 20 days, you can contact the collection attorney and offer your payment plan. If they approve your plan, your case can be withdrawn from going to the court. This is possible within these 20 days

Posted: Mon Oct 16, 2006 4:56 pm Subject:

I think the written response is only if you plan to not show up or if you have a defense. I'm pretty sure, but not 100%. Show up. That's very important. If you go, you will be able to make payment arrangements. If you don't show up, you more than likely will end up being garnished, and additional fees will be added on.

Linda · Posted: Tue Oct 17, 2006 7:12 am Subject:

You mention that you were unable to continue making payments to your debt settlement company due to the fact that you were getting further into debt.

See, debt settlements DO NOT SETTLE on total balance, most will try to settle for 40% of the ORIGNINAL balance. MINUS all the add ons and extras.

When you dropped out of the program and started paying out of pocket all your other cards...then the company that decided to sue you thought, "Well, she paid the other cards and NOT US? WE DON'T THINK SO, AND WE WILL SUE HER FOR OUR MONEY!".

See when you are in a debt settlement company, they urge you not to talk to them, because they can't settle if we're talkign to them on the sideline. Also, we have to stop paying ALL credit cards because the card company will pull your credit report and see whom all you are currently paying and that don't look good.

I hate this has happened to you and your debt settlement company should have explained this in further detail with you before you dropped their program.

I would show up to court and chances are you will get a good payment arrangement. I have heard that the companies are in HOPES they can scare people into paying and not showing up to court then they get default judgements.

mimi89 · Posted: Tue Oct 17, 2006 7:34 am Subject:

Paige i would def call the county clerkand ask some?s..i am in a similiar situation and was planning on goin to court date un aware that since i did not respond to summons either by defense or stating that id appear that even if i showed and they did not id still get a judgment.. i would just ask the clerk if that is true. thast what mine told me..

collector · Posted: Sat Oct 21, 2006 4:27 pm Subject: get out of bill

if you want to get out of the bill and buy yourself time i can help you

collector · Posted: Sat Oct 21, 2006 4:29 pm Subject:

ive been employed at a collection law firm for 6 years and could tell you step by step how to beat the case and the bill

Guest · Posted: Sun Oct 22, 2006 9:53 pm Subject:

You should have learned this before the actual "summons" came to your front door by the sheriff!
When they (the creditor/collection agency) send the summons to your local court house...they mail one to the courthouse and the other copy they are suppose to mail it to you by regular mail. THEN when close to the court date, the court then has it served by a process server,,,,either sheriff or a third party server. What I don't understand is why you were not send a copy by regular mail before you were served.

Guest · Posted: Sun Oct 22, 2006 9:54 pm Subject:

Guest "collector" please tell me how to step by step beat the case and the bill.

COLLECTOR · Posted: Tue Oct 24, 2006 12:57 pm Subject: TO BEAT IT

What kind of case is it and whoe filed the suit against you

Guest · Posted: Tue Oct 24, 2006 1:05 pm Subject:

It's a credit card award judgement with Chase Manhattan Bank with the Law firm of Mann Bracken who is suppose to turn it in to my court house to get a judgement settlement and i live in virginia

collector · Posted: Tue Oct 24, 2006 1:20 pm Subject:

when was the case filed? is it already a judgement? did you file an answer to the summons?

collector · Posted: Tue Oct 24, 2006 1:30 pm Subject:

i will be home at 630pm central time and if you want help i will help you then

Guest · Posted: Tue Oct 24, 2006 5:00 pm Subject:

This is how it went down. I was with a debt settlement company and this debt was one of them listed. I ignored it cause they were suppose to be handling it (the debt settlement co). anyway to make a long story short. I was taken to the national arbitration board in MN ....didn't have ample time to respond because the settlement co was suppose to handle it. The arbitration board found in favor of Chase.......they were awarded aN: award judgement and now chase can take that to my court house and get it converted into a judgement (that has not happened yet). they won't work out any deal saying that they have the judgement and can attach a lien on my property...the debt is in my name only and the house is joint. I might just declare bankruptcy.

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