Next step after summons
Date: Fri, 01/04/2008 - 14:02
Submitted by spatterson_40
on
Fri, 01/04/2008 - 14:02
Total Replies: 16
If you don't suit up and show up, they will file for a default j
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.
I am in New York but the summons did not have any dates on them.
I am in New York but the summons did not have any dates on them. There is no court date.
Is there a case number on the summons or is that blank as well?
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
yes there was a index number but what i don't understand is that
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.
Ah... They are a little diffrent than a normal lawfirm/collecto
Ah... They are a little diffrent than a normal lawfirm/collector.
OOps what happened to my post. It is JP Morgan Chase Anyways ho
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.
To the best of my knowledge, they are one of the only creditors
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.
So since I settled one of the accounts and am trying to make goo
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.
It is very costly and time consuming to try to sue someone over
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.
Thanks for all the info. I will just keep trying to work on thi
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.
I recived a summons this morning and have been stressing soo muc
I recived a summons this morning and have been stressing soo much. I been on every forum can think of trying to find out imformation and to what i can do. I have been sued by a collection agency law firm and a payment that i defaulted on. I'm so confused and dont know what to do. There is no court date on the summons but there is a case number. Help please
hey the same happened to me . theres no court date on mine eithe
hey the same happened to me . theres no court date on mine either except for that index number. im about go take check mine out . this monday . and see what to do from there..
i would first find out if it has been filed at your local court.
i would first find out if it has been filed at your local court. was it mailed certified were you needed to sign? or is it a very good scare tactic to scare you into paying. dont freak out just yet alot of these letters look genuine when in fact they are not
well it was a very good scare tactic lol..when i went to the cou
well it was a very good scare tactic lol..when i went to the court they told me they mailed that portion with index number but however i was suppose to receive a summons and complaint. so they gave me a answer form where i had to click everything i can think of. i did a general denial. a denial of debt , a debt dispute and denied having relationship with that collect ion agency ( asset acceptance and warshaw goldman)the clerk also booked a court date about 2 month from now the account in question is a chase account. but i have to make sure that they can back up what they say..id liek to work it out once that happen . i wonder if ill be able to settle then.
I received a summons, and feeling pretty stressed right now. I d
I received a summons, and feeling pretty stressed right now. I don't want to stress to much being that it is only for 1,500. What worries me is that I will be held liable for any fees inured. court fees, attorney fees and so on. Any one gone thru this? please help.
