Debtconsolidationcare.com - the USA consumer forum

been sued =(

Date: Fri, 09/21/2007 - 14:15

Submitted by anonymous
on Fri, 09/21/2007 - 14:15

Posts: 202330 Credits: [Donate]

Total Replies: 20


I've just been sued twice the two summons for oct to court and I have no idea what I'm doing, I'm shaking so bad right now scared as all hell.

One of the account is still in the original creditors hands and they've sent me past statements for validation, the other is from Midland Credit who bought the account and sent me some crappy printout of their computer screen which I didnt think was a validation at all as it doesnt tell me where the charges came from or anything. Both of these are coming from the same law firm in MO, I'd settle the capitol one account but I have no idea if I can settle this since I've been summoned already or how to go about doing it. The midland one was bought from the creditor and I dont feel I owe them anything since they didnt even validate the debt.

I'm just so shaken up right now could use some guidance.


I would think if you called and asked to settle the Capitol One account, they would be willing to work with you, and cancel the court date. It doesn't hurt to check. Even if you don't go to court the worst that can happen is the creditor can garnish your wages. They can't lock you up or anything. Or maybe you could go to court and work out some payment arrangements.


lrhall41

Submitted by Punkteri on Fri, 09/21/2007 - 14:23

( Posts: 202 | Credits: )


Ok for starters, take a deep breath and count to 10... Now have u gotten a summons? If so, u need to answer the summons in the time alotted, do NOT ignore this as they will get a default judgment.. If u need i have copies of how to answer and summons on my other computer and i can get that for u if u need...
Now after answering the summons, yes they will most definately want to settle this debt with u.... But remember the longer u let it go on the more atty fees they will add on to ur amount due so if u can do this in a timely manner it will help tremdendously.
Now for the second one from the CA, again answer the summons and state in it they have not validated this debt for u... Do u have teh green card from ur DV letter? This will be ur proof.
If u have any more questions please feel free to ask.
Ang
P.S. Also, court is really not that bad. I know it's very intimidating and i was like u, scared to death as i had NEVER been in a court room before but it truely wasn't bad at all! Everyoen was very friendly!


lrhall41

Submitted by Ang on Fri, 09/21/2007 - 14:44

( Posts: 2306 | Credits: )


I took a few deep breaths and I called the attorneys for Cap one, well which is both the accounts. They said I owed like 2000 I guess with all the fees and interest so I had them send a settlement offer of 1000 two payments of 500 which is the best I can do and they said only two payments could they accept for a settlement, so hopefully they'll take that and I can get rid of it.

I dont know how to answer a summons do I fill out the back of this yellow paper and mail it to them?


lrhall41

Submitted by on Fri, 09/21/2007 - 15:21

( Posts: | Credits: )


I just filed an answer to a summons today. And ironically, it was from Midland Funding, too, or their attorneys I should say.

My summons instructed me to file an answer at the courthouse and mail an answer to the attorneys. I just typed up the paper on the computer, with the attorneys' names as plaintiff, me as defendant, etc. and the court case number. I then went into the reasons I felt this summons should be dismissed. It didn't cost me anything to file it. I kept a copy for myself, and sent a copy, certified mail, stamped with the court stamp, to the attorneys.


lrhall41

Submitted by srowan on Fri, 09/21/2007 - 16:33

( Posts: 57 | Credits: )


I'm in Missouri it says on the summons

You are herebey summon to appear in the above named and division (address) on the above court date and time, then and there to answer the complaint of the above named Which demands judgement together with this costs expended against the defendant.

Each defendant is notified if you fail to appear and answer at the time and place stated in this summons Judgement by default may be taken against you for the relief demanded in this complaint

Does that mean I just have to show up and not send anything to them, that's all the instruction I get =/


lrhall41

Submitted by on Fri, 09/21/2007 - 17:20

( Posts: | Credits: )


let me get to my other computer and post for u what a summons here in La. looks like and then u tell me if urs looks the same, k? cuz the way i read it up there as u posted is u just show up and then answer the questions!
I'll be back in a min with what my summons looked like
Ang


lrhall41

Submitted by Ang on Fri, 09/21/2007 - 17:23

( Posts: 2306 | Credits: )


Ok so i tried to post and not sure it went thru, here goes again. Guess this is the reason i'm NOT an atty! ha ha A summons is served to give u a court date that u need to show up at or they will win by default. Here they send a "citaton" first and again if u dont' answer it they win by default. It looks like this:


Im SO sorry for the confusion i caused u or the unnecessary worry!
Hope this helps u to understand better!
ANg


lrhall41

Submitted by Ang on Fri, 09/21/2007 - 17:30

( Posts: 2306 | Credits: )