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summons

Date: Mon, 12/01/2008 - 17:35

Submitted by anonymous
on Mon, 12/01/2008 - 17:35

Posts: 202330 Credits: [Donate]

Total Replies: 5


Need help -my court schedule is next week - can someone help me or give me an advice what to tell the judge - I tried settling this loan and they dont work with me - they said they dont settle even if I enroll in any settlement program. they said it will be better if I file for bankcruptcy. My orig loan is $900 - now it doubled - they do not have a hardship program and after they told me they refused any arrangement they still calling my work#. I have paying this loan for 2 years now been paying them every two weeks - just so happened we got in trouble with our mortgage - I have to take care of the house first - tehy are worse than payday loan - by the way the company name is Gentry Finance Corp - I also signed a collateral with this loan - I am from Utah - need help - Thanks


You have to file an answer to the summons and appear before the court on the designated date. If you don't answer properly then you may get a default judgment against you.

Ways of filing an Answer to a summons: -




You can also settle the debt outside the court before appearing in the court.

If you don't agree with the summons then you can file a counterclaim: -


lrhall41

Submitted by phoenix on Mon, 12/01/2008 - 19:49

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Thanks for the info, I did not have the form your talking about. I only recieved one page - in a pink paper. I read the summons nothing in the document that said that I can answer the summons. Can I mention to the judge that I may lose my job next year because of the big lay off schedule on the first quarter of 2009. I am really worried they might garnish my wages, I could not sleep at night anymoer thinking about this. Thanks


lrhall41

Submitted by on Thu, 12/04/2008 - 17:51

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I also received a summons with nothing attatched for me to fill out and answer.Just yellow summons sheet with who and why I was being sued and then the plantiffs claim.I have read and found out that for an answer you answer deny, agree, or without knowledge or without information therefor deny and you do this for to each and every claim the plantiff states.Like mine has:
1. xxxx is in default with xxxx
2.default amount due to xxx is $1086
3.Defendant has refused to respond to several communication attemtpts

So in my answer, as far as I understand, I would answer each one
1.deny
2.without proper information therefor deny
3.deny
and so on. I was told by the clerk of court I had to make 2 copies of orignal answer and take all 3 to clerk of court and she would file stamp all 3 and then she keeps the original copy and puts it in the file and then i am to mail 1 copy certified mail or hand delivered to the plantiff.

From there I am still trying to get someone to help me find out what I should do next.I need to know what motion to file to force the plantiff to answer some questions I have and to provide me old payment information and account information, they never validated my request for anything and I need past statements and payment info to fight them.So hope this little bit I have learned helps ya.


lrhall41

Submitted by on Thu, 12/04/2008 - 18:29

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Contact the court clerk and get all the information about filing your summon answer.


lrhall41

Submitted by on Mon, 12/08/2008 - 00:56

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you should check with your court clerk's office ASAP on these, i actually question if that is a real summons or not to be honest. it just seems to lack so much information.
s
check with the court clerk;s office in your county to see if this is real or not. if it is real, you do need to file an answer. if it isnt, then you need to file suit against them for fdcpa violations....


lrhall41

Submitted by skydivr7673 on Mon, 01/05/2009 - 15:35

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