Court summons - please help!!
Date: Thu, 02/12/2009 - 18:18
Hello - hoping someone can help us with our situation.
We were served a summons to court in mid January for an old cc debt. The date of the hearing was to be Feb. 10th, 2009. About a week after the summons was served the CA - P. Scott Lowery called and asked us to settle the account before court. I told them we didn't have the money, but we would make payment arrangements. I agreed to pay $100 on January 31st, 2009, $500 Feb. 13th, and 77 a month beginning March 31st. On January 23rd we received a letter of Stipulation for Judgment with Order in the mail. It outlined the debt, the payment arrangement amounts, dates, etc. we had to sign it and send it back in by Feb. 5th. They told me we had to overnight the first payment of $100 to them, that cost an additional $13.99, but I did it anyway; I sent the payment along with the signed stipulation letter. I also made sure somone signed for it. Because this letter of stipulation and payment arrangements were made and agreed to, we did not go to court on Feb. 10th.
On Feb. 3rd Lowery office called me and said they did not receive the payment. I went on line to FED EX and ran the tracking number. The package was delivered at 11:51 am and a M. Pugh Jr. signed for the package. I called Lowery office and gave them the tracking number so they could check for themselves. They called me back and asked me to fax them a copy of the money order receipt and I did immediately.
Yesterday Feb. 11th, we get another letter in the mail from Lowery office telling us that the court date has been changed to March 9th and the letter is Notice to take Default Judgment. I called Lowery immediately and asked what was going on and I was told that they had to reschedule the court date because they still can't find the stipulation letter and money order. She asked me to fax her the stipulation letter copy we have. I have not done that yet.
I called the court house in our county and asked if there was indeed a March 9th court date set. She said she didn't see anything for that date, but that we didn't fill out an answer for the Feb. 10th court date, therefore judgment was entered.
I am confused. We have the understanding that if a payment arrangement is set up and agreed to, that all court proceedings will stop. This CA never told us that we would still have to go to court even though we set up payment schedule. She did however tell me that we did not have to go the March 9th court hearing.
My husband said DO NOT send another copy of the stipulation letter and stop all forms of communication including any payments. He said to file an answer with the courts and go to court on the 9th and explain to the judge what went on.
Please - any advice would be greatly appreciated!!!!
Thank you,
Shelly
We were served a summons to court in mid January for an old cc debt. The date of the hearing was to be Feb. 10th, 2009. About a week after the summons was served the CA - P. Scott Lowery called and asked us to settle the account before court. I told them we didn't have the money, but we would make payment arrangements. I agreed to pay $100 on January 31st, 2009, $500 Feb. 13th, and 77 a month beginning March 31st. On January 23rd we received a letter of Stipulation for Judgment with Order in the mail. It outlined the debt, the payment arrangement amounts, dates, etc. we had to sign it and send it back in by Feb. 5th. They told me we had to overnight the first payment of $100 to them, that cost an additional $13.99, but I did it anyway; I sent the payment along with the signed stipulation letter. I also made sure somone signed for it. Because this letter of stipulation and payment arrangements were made and agreed to, we did not go to court on Feb. 10th.
On Feb. 3rd Lowery office called me and said they did not receive the payment. I went on line to FED EX and ran the tracking number. The package was delivered at 11:51 am and a M. Pugh Jr. signed for the package. I called Lowery office and gave them the tracking number so they could check for themselves. They called me back and asked me to fax them a copy of the money order receipt and I did immediately.
Yesterday Feb. 11th, we get another letter in the mail from Lowery office telling us that the court date has been changed to March 9th and the letter is Notice to take Default Judgment. I called Lowery immediately and asked what was going on and I was told that they had to reschedule the court date because they still can't find the stipulation letter and money order. She asked me to fax her the stipulation letter copy we have. I have not done that yet.
I called the court house in our county and asked if there was indeed a March 9th court date set. She said she didn't see anything for that date, but that we didn't fill out an answer for the Feb. 10th court date, therefore judgment was entered.
I am confused. We have the understanding that if a payment arrangement is set up and agreed to, that all court proceedings will stop. This CA never told us that we would still have to go to court even though we set up payment schedule. She did however tell me that we did not have to go the March 9th court hearing.
My husband said DO NOT send another copy of the stipulation letter and stop all forms of communication including any payments. He said to file an answer with the courts and go to court on the 9th and explain to the judge what went on.
Please - any advice would be greatly appreciated!!!!
Thank you,
Shelly
Contact the clerk again and ask them when and where you were ser
Contact the clerk again and ask them when and where you were served? If you were improperly served, you can have the judgement overturned. What state do you live in? When was the last time that you made a payment? The SOL may have expired on this debt. Nascar or Skydver will be along to assist you further with this.
court summons
We live in Colorado. I pulled our credit report on Monday to see what the date is. The last time we made a payment was in 2006 I believe.
I would show up in court on the 9th just to be sure and show the
I would show up in court on the 9th just to be sure and show the judge what you have and explain what happened.