Received court summons for credit card debt: Help!!!

If you have received a summons to appear in court, you need to appear on your court date. Otherwise, the plaintiff will get a default judgment against you and they can then garnish your wages (unless you live in a no-garnishment state) and/or lien your property.

Even if you go to court and lose, you might be able to get the judge to allow you to make payment arrangements.

Did you get any other paperwork with the court summons? If so, you need to respond to it.

I'm sure that others will be along who can give you further advice. Good luck!

first and most importantly whether you use an attorney ot do it your self, follow the procedure of your court and answer the summmons/complaint.. protect your rights in court.. that said here are a few questions... how old is the debt.. were you aware of it prior to the summons, when did you last pay anything.. is the debt valid (do you owe the money) if valid what has it not been paid (This is important).. the answer to these will allow us to help you better.. I cannot stress enough thought.. do not allow this to go to a default judgement

I am not denying the debt..just cannot make the payments now with all the late fees and the higher percentage rate..got behind as my paydays changed on my job falling behind with all the bills I have...I am working with a company for debt solutions and just trying to do the best I can...I am not denying my doubt..just need a chance to catch up...

The summons is from an attorney group.

The named defendent on the summons is John Doe - a deceased person.

Does anyone other than the named defendent need to appear in court??

I doubt it. If you got a summons for someone who is deceased, send an answer in with the note that the person being sued has passed away.

Or you could call the lawyers suing and inform them that the person they are suing has died.

I am scheduled to go to court. I am afraid, never been before. It is a called a case management conference. What should I expect. I dont have any money to make a settlememt.

It's a conference between the parties, with a judge or magistrate, aimed at achieving a settlement. In my cases they happened behind closed doors, and the supposedly neutral magistrate acted more like the creditor's attorney. They will try to intimidate you to give in. Don't. You have to be strong, stand your ground, insist on your day in court.
Even if the magistrate threatens you and lies to you.

You might consider attending with someone else, a neutral party, as a witness, if that is allowed. In my case I probably had grounds to disqualify the magistrate, but since it happened behind closed doors with no record, I couldn't prove his abusive behavior in fact happened.

I got a summons to the court for not to pay my chase credit card. Please what can I do. I don't have any money to get an attorney. Thanks.

In America you don't need money to get an attorney. If you can't afford one, then one can be provided for you. Inquire about Legal Aid with the court.

Here is a great website on civil court procedure:
"http://www.nedap.org/hotline/court.html"
It is for New York so it may vary in minor details with your state.

Civil procedures by state:
"http://topics.law.cornell.edu/wex/table_civil_procedure"

Have a court date in 2 days for a credit debt with chase. They sold it to some collection company and some law firm is representing them. I filed an answer will show up in court. I am unemployed, have no source of income even from unemployment. All i have is a mortage with chase. Can they put a lien on the house for $7,000 debt if they prove its mine? Thank you.

I just received a summons this morning. i really didn't think Chase was going to take me to court for 1,500 dollars. Has anyone gone thru this please help, I have never every received a summons in my life so a little intimidated by this. i have begun surfing the net to get as much information as I can to try to take care of this.

What happened because I'm in the same situation.

My father is 87 years old we have been making payments on his debt thru a lawyer since we couldnt make the full payment fromt the credit card company. I missed a payment and and then signed back up for further payments and then they are suing him. Can they sue even with payment arrangement in place? Also how to I respond to the 30 day notice on the suit

Have been served a summons by an attorney. What info should I include in the response to the summons. They don't even name the credit card co. just F.I S., NA

Not certain I can open an ebook on my computer.

What info should I include in a summons response?

deny everything. Whatever it says on their complaint or petition, deny it. FIRST OF ALL make them prove they own the debt. Anybody can say they are collecting a debt you got with someone else. In fact more than one party can try to collect the same debt since they can be sold more than once. Even if it is yours, you don't know that these are the people you should make your payments to. It would be terrible to pay them off only to have someone else show up and sue you again, IT HAPPENS, CUT THE CARDS. Make them prove you owe it. These people sometimes pay 2 cents on the dollar and will try to collect the entire amount which is extortion/racketeering. If party A wrote off $200 on their taxes then that amount needs to come off the collected amount. MAKE THEM PROVE IT, trust me, this people are pathological liars and users. They need the contract you signed WITH YOU SIGNATURE ON IT, not just one like the contract, they need charge slips, they need someone with personal knowledge, they need proof they own the debt.

Just enter your appearance, comes now so and so and enters his appearance pro se in the above-captioned blah blah

send a copy by certified mail to plaintiff counsel and file original with court.

on the answer you put DEFENDANT'S RESPONSE TO PLAINTIFF'S COMPLAINT (all these with the case caption, etc at the top)

Then put Comes now defendant whatever your name is and in response to Plaintiff's complaint alleges and states as follows:
1. As to count 1, what it says, plaintiff denies because plaintiff has failed to establish a claim upon which relief can be granted and failed to establish standing.
answer each number DENY ALL KNOWLEDGE.

cert of service to plaintiff attorney at such and so address by U.S. MAIL, certified, postage paid on the blank day of blank.

sign your name and address and all that stuff, your email and phone

Everything you prepare sign under the Answer or whatever it is section and sign under the certificate of service.

originals and a copy go to court with a stamped envelope to return, copy goes to plaintiffs attorney

send a cover letter with docs to clerk saying what you're sending and asking to return copy.

For the answer I would send certified so you can prove you sent it, i don't stress over signature just something to show it was delivered.

you might want to include a motion for summary judgment and dismissal on those same grounds, fail to state a claim and lack of standing as well, send a copy to plaintiff etc.

there are some forms you can find here if you need something to go by. Lots of people have left outlines, any questions ask but DENY DENY DENY. DON'T ACKNOWLEDGE ANYTHING. Its an ALLEGED DEBT, you don't know what its for so DENY. they won't be able to prove it. they need to prove it like i said you can end up paying 2 or 3 times.

Don't be intimidated. Thats what they want. Just go in and defend yourself, you're as good as they are. You don't know the particulars like an attorney does but you prepare your documents and look them in the eye. BEING AFRAID is what they want you to be, so afraid maybe you don't even show up.

Go and fear no more. :D

can they get me for failure to appear on this creidt card summons or will I lose by default?

If you've received a summons, you will have to give a reply to it. If you don't give a reply, they will win a default judgment against you and may garnish your bank account or your wages.

I'm going thru what you went thru. Same senerio. What happend next. Did court put a lien on your mortgage?

i had a bank A credit card with a 4500 limit which i had accrued about 3000 on and was making payments. i had also bank B credit card with 1200 credit limit which had about 160$ accrued on also in good standing. bank B decided to buy bank A and somehow managed to transfer the account that i had with bank A over to the account that i have with them which immediately put me over the limit with my credit and started a chain reaction which sent the account to over 5000$ within a very short time and mostly because i stopped paying because i thought it was unfair for them to do that. now i received a summons to go to court which i replied with a DV request and now i need to reply to the attorney's request and prepare my case. does anybody know the banking regulations concerning this? because i dont think its legal for them to be able to do that without even sending  a notice or anything to see if i accepted their terms before them transferring the account. i have about 2 days to reply. please help. this is from midland collection