Got a summons, what do we do now?

Welcome to the community pitchick-76.

The first thing I would suggest is contacting your local courthouse to determine if the summons is real. If it is then you should file an answer. Does the debt itself or any portion of it seem strange to you? If so you can motion for discovery to make them prove their case (I can give you a list of documents to request).

Also if you can answer the following questions I can better assist you.

1. What type of debt is this?
2. When was the last time you made a payment on it?
3. What state do you live in?

The summons was delivered by the sheriffs office, so could it not be real?

Nothing seems strange about it. It is for an old credit card, there has been no activity since October 2004, and we currently live in Missouri. The residence was another state when the debt was incurred (I dont know if that matters or not).

I just do not know what to do. Do we get a lawyer, do we just appear, what will happen when we get there?

Asset Acceptance got an attorney that is 4 hours away from where the court is. Will they even show up?

The summons was delivered by the sheriffs office, so could it not be real?

Nothing seems strange about it. It is for an old credit card, there has been no activity since October 2004, and we currently live in Missouri. The residence was another state when the debt was incurred (I dont know if that matters or not).

I just do not know what to do. Do we get a lawyer, do we just appear, what will happen when we get there?

Asset Acceptance got an attorney that is 4 hours away from where the court is. Will they even show up?

You have to file what is known as "discovery" and ask the plaintiff if they have the original singed contract; a photocopy is hearsay and you can object to them showing that.

Your answer should state that you have "no business relation with plaintiff" since you don't have a contract with them.

These are simply debt buyers who routinely file these suites in hopes those they are suing won't show up and they win the case by default. They then take the judgement to the sheriff and proceed to garnish your wages or freeze your bank account.

You should show up to that court date but try and file motions before hand to make them produce the documents. You give them 10 days to do so and they don't comply, you then file a motion to dissmiss on the grounds that they did not cooperate.

They're counting on you not showing up in court so whatever you do, don't ignore this!!!!

Pitchick, listen to Jcemt, he tells it straight.

What else came with the summons? A questionaire, request for admissions, interrogatories, an affadavit? Any previous correspondence from AACC on this debt? MO has a 10 year SOL on Written accounts so you are well w/in statute. Start researching your local rules of civil procedure.

MISSOURI STATE LAWS

INTEREST RATE
Legal: 9%
Judgment: 9%

STATUTE OF LIMITATIONS (IN YEARS)

Sale of Goods: 4
Open Acct.: 5
Written Contract: 10
Money & Property:
Domestic Judgment: 10 (Revived every 3 years)
Foreign Judgment: 10 (Revived every 3 years)

BAD CHECK LAWS (CIVIL PENALTY)
Three times face amount owed or $100 whichever is greater not to exceed $500 (exclusive of attorney fees)

GENERAL GARNISHMENT EXEMPTIONS
See federal law; exempt 90% of week's net pay, head of household, single person w/o depend. = 75%

COLLECTION AGENCY BOND & LICENSE
Bond: No
License: No
Fee: No


Missouri Judgement Exemptions:

In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.
The homestead of every person, consisting of a dwelling house and appurtenances, and the land used in connection
therewith, not exceeding the value of $8,000.00, is generally exempt from attachment and execution. This homestead exemption
shall not be allowed for more than one owner if one owner claims the entire amount allowed but, if more than one owner claims an exemption of the same property, , the exemption allowed to each of such owners shall not exceed, in the aggregate, the total exemption allowed as to any one homestead. (Section 513.475.)
Personal property of a debtor which are exempt from attachment and execution may include household furnishings, household goods, wearing apparel, appliances, books, animals, crops or musical instruments that are held primarily the use of the debtor and his dependent not to exceed $1,000 in value in aggregate; jewelry not to exceed $500.00 in value in aggregate; any other property of any kind, not to exceed in value $400.00 in the aggregate; any implements, professional books or tools of the trade not to
exceed $2,000.00 in value in the aggregate; any motor vehicle, not to exceed $1,000.00 in value; any mobile home used as the principal residence, not to exceed $1,000.00 in value; any one or more unmatured life insurance contracts owned by the debtor, other than a credit life insurance contract; the amount of any accrued dividend or interest under, or loan value of, any one or more unmatured life insurance contracts owned by the debtor under which the insured is the debtor or or an individual of whom the debtor is a dependent; provided, however, that if proceedings under Title 11 of the United States Code are commenced by or against such person, the amount exempt in such proceedings shall not exceed in value $5,000.00 in the aggregate less any amount of property of the debtor transferred by the life insurance company to itself, not to be exempt from claim for child support; professional heath aids for the debtor or his dependent; social security benefit, unemployment compensation or a local public assistance benefit; veteran's benefit; disability, illness or unemployment benefit; and alimony, support or separate maintenance, not to exceed $500.00 a month. In addition, payments made under certain pension or annuity plans and spendthrift trusts created for the benefit of employees may also be exempt. (Section 513.430.)
If the debtor is the head of a family, he may select and hold, exempt from execution, any other property, real, personal or mixed, or debts and wages, not exceeding in value the amount of $850.00 plus $250.00 for each of such person's unmarried dependent children under the age of eighteen years, except 10% of any debt, income, salary or wages due such head of a family. (Section 513.440.)
In a bankruptcy proceeding, a debtor who is a resident of the State of Missouri, is permitted to exempt from property of the estate any property that is exempt from attachment and execution under the law of the state of Missouri or under federal law, other than Title 11, United States Code, Section 522(d), and no such person is authorized to claim as exempt the property that is specified under Title 11, United States Code, Section 522(d). (Section 513.427.)

Nestor is correct, without a contract with you, a assignment contract or a bill of sale with the original contract it's hard for them to establish their business relationship with you. If you would like to have legal representation you can try looking on naca.net for an attorney well versed in fdcpa law.

Thanks for all of the info. I have more question if anyone can answer it.... Do we need to hire a lawyer or can we just file the "discovery" on our own? The only thing that came with the summons was the legal garbage. No copies of anything with my husbands signature.

Make sure you go to court and request a discovery. They have to produce the actual contract you signed with credit card company. 99% they will not be able to produce it, it is impossible . I went to court and I had requested a discovery, The judge gave the debt collector 60 days to produce the contract. Last week in the court room the debt collector and his lawyer showed up with nothing in their hands and the case was dismissed. Don't ignor it fight and you will win.

Good luck

You are not required to have legal council, however unless you are well versed in civil proceedings I would strongly suggest retaining council if you can.

I received a summons about a week ago said I had 20 days to reply to it, I sent a letter to the attorney listed on the summons,I told him I have no money and my husband is disabled I do not have 33 dollars for a filing fee, or money to attain a attorney, he said to go to look for free help, I have contacted these people last Nov and have not heard anything from them till I got this summons..I wrote a letter stating these facts to the attorney and to the court that we have no money and that I have checked by credit report and that this account is listed as a write off and a bad debt and uncollectble and worthless to the original owner I have enclosed a copy of this to the filing attorney and to the court, I cannot find a date to appear in court I guess if I send the 33 dollars to file it is when I get the date to appear...