Civil summons

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.

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.

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 If they approve your plan, your case can be withdrawn from going to the court.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

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.

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.

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..

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

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

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

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

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

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

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

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.

As much as I hate to say it sometimes that is one's only option. Try to save your house though, you can do that even though you are filing for bankruptcy, Chpt 13 allows you to keep your house and car(s)

yes i know about chap 13........i would say a lot of money doing it that way cause most of my debts are individual and they would wipe out and i'd only have to pay on joint accounts thru the chap 13

ask the atty office if they are in a position to settle the bill...or you can refi your house to settle the the bill..if you cant come up with a lump sum...as if you can do a stipulation on a monthly basis and if they say no they want the judgement then ask if they can do a consent judgement where you pay on this monthly...when the arb award was already granted its too late to ask for docs. on the file but there is still a way to pay this with out a garnishment if the atty is not a dick...i just started a debt settlement company and a credit repair company...if you can come up with a lump sum you might be able to settle the file

you can also call the arb board yourself and tell them you were not able to respond for a good reason and they will also give you a second chance to hear your case

it's too late to contact the arb board...it's been three months besides i was told that they won't listen anyway...
I wish i could refi my house but my credit score is like 400 and no one will touch that.
I wish i had a lump sum but i don't. if i did i would not be in this mess. I could try to see if they will take the monthly payment...you would think that would be the easiest for them because if they put a lien on the property they would only get it if i sold it or refi.....that could be years and years and a judgement where i come from is only good for a certain period of time. as far as garnishing my wages, it's disposible income right? well ever cent go to some bill and i spend nothing on myself, just food. so i don't know how much they would get doing that. plus my husband's check is pension....the whole thing has me sick.

Collector,please help me. I'd appreciate any help you can offer. I am more than happy to send my email address to you privately.

Paige

during the arb you should have several months to tke cre of this before they enter the judgement against you...id have to see how far along you are in the process and then i can see what you can do to delay the process.. all judgements stay on your public record for up to 10 years and then the creditor can refile for the judgement for another 10 years...also find out what the state allows for post judgement interest that will collect anually but is broken down per day....to garnish your wages you have to be over the poverty guideline so find out what that is and each state usually takes 20-25% of your net...also some states can do a bank garn and in some states there is no guideline on what they can take...it could be all your money or anything after 1000.00...they wont be able to take his pension or ssi but they can freeze the account and take the money but will have to give it back....any other questions let me know

Collector, I'd appreciate your help if you have time. Thank you.
Paige

Collector, I saw on another post on this board the bank account that your paycheck goes into can't be frozen. Do you know if that is true?

yes they can freeze the account and take the money but if its ssi pension disability then they have to give it back...its called a non earnings garn

i can help if you want paige just let me know

Yes Collector, I'd really like your help. What do I need to do?

Paige

i found that one the arb award is granted then a motion is filed in state court to get the judgement and you can respond to the motion claiming fraud and they will have to go to the origional client and go back to the arb award...once the arb award is granted just dispute the bill and this will buy you some time...it takes 30-90 days to get the judgement from the court after the arb award is granted

Yes Collector, I'd like your help please. What do I need to do?

Paige

as for jcrabs ?.. if u live in a non garnishing state, and all that goes into ur bank account is ur paychecks and u can prove.ex: direct deposit.. then i am under teh understanding that they cannot take money fromt hata ccount as it would be the same as wage garnishment.. is this correct collector?

just ask a question and i will help

not correct a bank garn is a non earnings garn and they have to serve the bank to garn the account...each state has diffrent levels that can be taken for example in michigan and minnesota there are no limits they can take all your money except the exempt amount and garn your wages where you work...the wage garn goes to your employer and they have to deduct the amount from payroll and your employer sends the check to the party requesting the garn

not correct

As I stated,I have defaulted on my Visa card. The balance after going through several collections has now ended up at a lawyers office and I have received a civil summons. I contacted the collections lawyer and spoke with a representative. She stated they need 109 a month. I make less than 500 a month. She also told me that I didn't have to contact the court clerk,just speak with them. Being rather suspicious,I called the court clerk. I was told that I do not have a court date but must file a defense, have signature notorized and also send the lawyer a copy. So what do I put in this statement? What do I need to include? I don't own any property, my car is paid off but is 16 years old and has a bluebook value much less that the amount they are seeking, and I am just barely able to make ends meet each month. I have 3 more credit cards that will probably file suit against me as I doubt this will be the only one I am served on. I was previously with Debtscape.All said, please help.

Paige

Paige, I would file a response and state what your salary is, what your bill,such as utilities,etc.,and what you can pay. You can also file a hardship,too. Ask your court clerk what you need to do to file this. Be sure and answer to the court, no matter what the others are saying. Good Luck...Karen

Thank you Karen. When I called the court clerk she only told me to file a defense,notorized sig and when I asked further questions she told me that she wasn't a lawyer to go ask one. I know that I have been irresponsible and foolish. I know that I have a debt to pay, but I can't afford to pay the 109. When the next ones see,they will all start filing on me and then I'll be on the street without a job too boot. I am terrified that I'll loose my job as it is. I am not sleeping,can't eat, I just want to do what is right and this be gone. I trusted Debtscape and should not have but I was desperate. I didn't know where else to turn as my local credit counseling said they couldn't help me not enough debt. Well, for me it is a mountain. Sorry for the rant.

Paige

Paige-no problem-this is the place to rant if you need too! Don't start worring about what might happened,it hasn't happened yet. I would still try to find out how to file hardship with the court,call one of the judges offices,anyone can tell you. You can only do what you can do,they can't take your first born,or your life,though it feel like it sometimes. Keep bugging someone about the hardship thing,if you get no answer about it, put that in your answer to the court,that you need some help because of finances,etc. ...Karen

what state are you in...so i can check some laws for you and exactly how to file an answer....to delay the court process submit in writing to the court and the atty with registered mail saying you want the copies of documents proving you owe the money and you think this is not yours...it will buy you some time tell them you want origional application and what was purchased....let me know how it works

In the civil summary hearing I can claim a motion then? i was under the understanding that i can't say anything during that hearing. and i'm suppose to claim fraud? what exactly does that mean, i'm claiming fraud to what

? for collector?? so if some1 was to live in a non garnishing state and have or may be gettin judgment on them.. and even though teh only money in their checking account is their pay would u suggest closing account?? i mean if they can garnish ur bank account and all that is put in it is ur pay then whats teh upside of livin in a non garnishing state??

Collector, I live in KY. Sorry to take so long to get back with you. Had to go to work.

Paige

whats a non garn state tx fl .... tell me the state thats a non garn state

there are too many people guests and then your regular people in here giving advice on what to do...just let me know if you want my advice or not and i will help you...its getting too confusing with all these people talking...ill give you a private address to reach me...alot of these people give you advice and have been in your situation and most are probably still in the situation...you guys can choose to listen to who you want

Yes,I want your advice!! Please let me know how to reach you. Please PM me

Paige

Hi, it's marcia, you can contact me by PM so we can discuss this............thanks collector.

Collector, it's me marcia mayers, you can PM me so we can talk about the arbit award

pa, texas, and the carolinas are all non wage garnisshments states.. with exceptions to alimony child support,student loans,taxes and rent,.. yes in pa ur bank account can be levied upon or frozen for unpaid debt..but it is exempt from that if its the account ur wages go in and u can prove it..this is only for other debts not listed above as if it was for student loans or any of the others then they can garnish ur wages... now lets say u have another checking or savings account besides the one ur wages go into THAT one is fair game for levies and such...i just checked pa laws regarding garnishment procedures last night...so if u have a savings account that you've been putting that $10 in grandmas been givin u for christmas and b-days every year that can be taken.

Collector,yes I would very much like your help. What all do I need to put in my letter to the court?

Paige

contact me directly at collector_ok @yahoo.com and i will help both of you

collector, I sent you a email this AM.

Paige