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Recieved civil summons for debt collection

Date: Tue, 07/31/2007 - 05:57

Submitted by anonymous
on Tue, 07/31/2007 - 05:57

Posts: 202330 Credits: [Donate]

Total Replies: 15


The sherriff has delivered a civil summons for legal action by cach, llc. I would like information on how to maybe get them to settle with a smaller amount.


Absolutely do two things......

1. Answer that summons!!!! If you fail to answer they will get a default judgement. Be sure to send it within the time frame and it MUST BE CERTIFIED, RETURN RECEIPT REQUESTED!!!!!!

2. Contact Bud Hibbs, he is an authority on this!

and I add #3 Do not hesitate to ask questions here, I asked and everyone helped me out. These forum members are awesome and will help you whatever way they can


lrhall41

Submitted by poconomoki on Tue, 07/31/2007 - 13:51

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When I came home, I noticed a 12 page docs. in my mail box. Surprisingly enough, I was not served the paper physically, but recieved it in a mail box, from plantiff: Discover Bank. what should I do? I am freaking out? I had mixed advice from various individuals. A lawyer suggested I respond to the summons. Another lawyer suggested settling it out of court by constacting the creditor and negotiate a deal, saying it's less costly to settle outside of court, rather then in-court. Now, I have spoke with somebody that went through the same thing I went through and never ever responded to any of the summons, etc., and is fine. That individual did not even had her wage garnished. What should I do? help! I have 30 days to respond to the summons. How should I go about it? Please help, anybody with prior experience or in depth knowledge about my matter.


lrhall41

Submitted by on Wed, 11/28/2007 - 00:44

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A consumer should never ignore a litigation summons or an arbitration claim. One must act very, very quickly to find legal counsel. At the very least, a consumer should file an Answer to the Complaint to prevent default judment.


lrhall41

Submitted by JAM on Wed, 11/28/2007 - 08:15

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According to an attorney I spoke with once there is an assumption that if the papers are not returned buy the USPS that they were received. Where I live there are 500 boxes in one spot. There is so much room for error I think that assumption is nonsense. The sender can't even prove they sent it if it is not certified.


lrhall41

Submitted by Frogpatch on Wed, 11/28/2007 - 10:36

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In some states this is legal, with exemption by federal law. In certain states, if a process server can not effectuate process within 3 attempts, then they can utilize nail and mail form of service; which allows them to tack it on your door, tape it on your door or leave it in a conspicuous place where he/she is certain you will find it (eg: a mailbox), the server then mails another copy via regular mail while purchasing a certificate of mailing to file the affidavits of due diligence and affidavit of service via reasonable posting.

If you get a copy in the mail, you can pretty much know it is good service.


lrhall41

Submitted by on Wed, 11/28/2007 - 20:31

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