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Posted: Fri Jan 04, 2008 3:02 pm Subject: Next step after summons

I have been in the debt settlement process for about a year now. I received a summons for two Chase accounts that I owe on back in July. There was no court date or anything. I responded to the summons and did not hear from them again until the week. (Jan 2, 2008) they sent me a copy of the summons with a notice of entry page attached but the notice of entry page was completely blank. So there has been no court date set. They have just filed the summons I am guessing. I was able to settle on one of the accounts but not the other (did not have enough money). Should I try to set up a payment plan on the second account? Any advice or words of wisdom would be greatly appreciated

Posted: Fri Jan 04, 2008 4:26 pm Subject:

If you don't suit up and show up, they will file for a default judgment.
First and foremost, what state are you in? It makes a huge difference on how to proceed.

Posted: Fri Jan 04, 2008 4:42 pm Subject:

I am in New York but the summons did not have any dates on them. There is no court date.

Posted: Fri Jan 04, 2008 4:48 pm Subject:

Is there a case number on the summons or is that blank as well? If it is blank, then they are showing you intent to file. Typicaly, the worst time to negotiate is when you are scared.

If there is no case number, and you don't want to fight back in court, from now until actual judgment is when you can try to settle. Most lawsuits in America get settled between the summons and judgment. You are probably looking at a 50% settlement.

Of course, this is just from my personal experience and there are many factors to take in to consideration of course. If there is a case number on the summons, I'd recomend you speak to an attorney.

*EDIT* Removed TMI

Posted: Fri Jan 04, 2008 5:40 pm Subject:

yes there was a index number but what i don't understand is that there was no dates on it and it was served to me in July. I am just so confused as to whether they are taking me to court or just wanting to scare me. I did respond to them with an acknowledgement of receipt of summons and cmplaint. I did seattle one of the accounts and should I just try to set up a payment plan for the other??? I am so stressed over this.

Posted: Fri Jan 04, 2008 5:47 pm Subject:

Who is the law firm?

Posted: Fri Jan 04, 2008 6:03 pm Subject:

Ah... They are a little diffrent than a normal lawfirm/collector.

Posted: Fri Jan 04, 2008 6:08 pm Subject:

OOps what happened to my post. It is JP Morgan Chase Anyways how are they different. Please anything you may know about them would help me rest at night.

Posted: Fri Jan 04, 2008 6:12 pm Subject:

To the best of my knowledge, they are one of the only creditors which has in-house attorneys where they sue directly. They don't have to send 30 day letters and all that jazz because they are not a "debt collector" per se. It is all in-house. Therefore, the fdcpa does not apply.

Posted: Fri Jan 04, 2008 6:16 pm Subject:

So since I settled one of the accounts and am trying to make good on the other account do you think they will try to take me to court. I really can not afford to get an attorney at this point. rstimson, Thank you for all of your help.

Posted: Fri Jan 04, 2008 6:25 pm Subject:

It is very costly and time consuming to try to sue someone over unsecured debt. I can't give any legal advice as I am not licensed to practise law in New York blah blah blah, but if I were in the same boat, I'd call and try to do a work-out. It's to everyone's benefit to settle out-of-court. It never hurts to call and try. FYI, always get their settlement amount first, if they pressure you to give up a number first, low-ball. Shoot for 40%ish.

Posted: Fri Jan 04, 2008 6:49 pm Subject:

Thanks for all the info. I will just keep trying to work on this account. Like I said before, I am like most people here, there is no way I could afford a lawyer at this time.

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