Answering a settlement

Contact the court clerk and inquire about your summon.

Hi NeedsHelp,

It doesn't sound like a real summons to me. RCT is right, court papers come from the court via a process server.

Did you send that DV letter via Certified Mail return receipt? In other words, do you have proof you sent it and they got it? If so, no worries. Keep all your documentation together to prove that you have made an honest attempt. If you really *do* have to go to court, they will find on your side.

And if your call to the courts come up negative, then file a complaint with the FTC and your State's Attorney General immediately.

chrys

No i filed with the court it was a real summons. Its just that now the havent replied to my DV Letter or to my reply that i made trhough my county court. All i got was a settlement paper from them and the amount is still way to high and they gave me about a week too respond. On the paper it sas the 30th and the didnt send it until the fifth. So all im asking now is do i repl to there settlement, and how do i do this or should i just DV them and resend the origanal reply i made with m city court.

Yes i sent all my documents certififed. so now that i have answered them and there only reply was a settlement, and i feel that the settlement is unjust do i repl to this settlement and if so how, or should i respond through the courts again and DV letter them again.

If you are being sued a DV letter will do no good. You first have to answer the summons. Then a pre-trial date will be set, usually 3 months from the date they received you answer. Now you will probably get interrogatories, request for production of documents and request for admissions. You have to answer these or they can motion to file for a default judgment. It is up to you but if they ask for your SS# you do not have to give it by law.

At this point you can serve them with request for production of documents. You have to do it in a certain format. You will see what I mean after they serve you yours, just follow how they printed it up and format it for yourself.

Hope this helps.

Maybe im not explaining it right after i answered there judgement they neever responded to my DV letter all they are trying to do now is to settle out of court. Do i have to answer this it says if i dont by the fifteenth then there is some action they can take how do i respond to this i dont wanna settle for the amount they are trying to get.

Hmmm, I'd say no, respond through the courts. Once the ball is rolling (and THEY rolled it) don't let them distract you.

Here are a couple of threads that have good info on what to do and say in court:
http://www.debtconsolidationcare.com/collection-agencies/file-summon-answer.html
http://www.debtconsolidationcare.com/collection-agencies/brachfeldandassociates.html

chrys