Debtconsolidationcare.com - the USA consumer forum

what happens if you get a summons?

Date: Fri, 05/09/2008 - 07:28

Submitted by lmale
on Fri, 05/09/2008 - 07:28

Posts: 742 Credits: [Donate]

Total Replies: 29


I've not gotten anything like this, but I'm just curious, what actually happens if you get a summons form a creditor? Are you being sued? What happens if they sue you?


They can only garnish your wages if they get a court order to do so. That's why you should answer the complaint with your best defense, show up in court, and depending on your situation, hopefully avoid the garnishment by setting up some type of payment plan with the creditor. I mean, that's the basics, unless you are protesting the debt, in that case, there are more steps and defense stradegy's to go through.


lrhall41

Submitted by Shazzers on Fri, 05/09/2008 - 07:39

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That's correct, first they have to get a judgement against you before they can garnish your wages, then they have to get an order from the court to garnish. Just make sure you always answer any summons you receive, and always show up in court, otherwise they will get a default judgment against you, and that's when all kinds of icky stuff can happen to ya!


lrhall41

Submitted by Shazzers on Fri, 05/09/2008 - 07:47

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Also depending on which state you live in, certain income is exempt, it might be all states. It pretty much means you are judgment proof and they can't take your money. You need to tell the court though cause if they do get a judgment against you and you sign any papers, you have to pay. The thing is that a judgment varies by state, in my state of Massachusetts, it is good for 20 years. Some incomes they can't touch are, SSI, SSDI, Emergency Aid, Unemployment. It is wise that if this fits your situation, check up on your states laws to find out. I read the laws so much for my state that I should go to law school. If I where being sued by a debt collector, I could get them to them to fold a royal flush. The only reason why debt collectors win in court is because people don't show up or answer a summons OR they don't fight back hard enough.

Oh yeah and that law school part, I am considering it and hopefully I will help out consumers. Maby work with the NACA!!!!!!!!!


lrhall41

Submitted by on Sun, 05/11/2008 - 05:16

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Guest:
Quote:

If I where being sued by a debt collector, I could get them to them to fold a royal flush. The only reason why debt collectors win in court is because people don't show up or answer a summons OR they don't fight back hard enough.


Share your knowledge with me then guest, I sure could use it about now! :D


lrhall41

Submitted by Shazzers on Sun, 05/11/2008 - 05:24

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Well the laws in Massachusetts are different than your state probably. But I have all day, except when I go for radiation to mess around on the computer. I sleep aabout 4 hours a day so I have plenty of time to investigate debt collectors.

If you are having a problem with any of them Shazzers, post the name of the company and I will see if I can help.


lrhall41

Submitted by on Sun, 05/11/2008 - 11:32

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Guest:
Quote:

Well the laws in Massachusetts are different than your state probably. But I have all day, except when I go for radiation to mess around on the computer. I sleep aabout 4 hours a day so I have plenty of time to investigate debt collectors.

If you are having a problem with any of them Shazzers, post the name of the company and I will see if I can help.


Most of the CA's I am dealing with right now have an honorable mention on Bud Hibbs website, does that tell ya anything? lol They don't follow the law, and use underhanded tactics to get what they want. Not exactly news anymore since most of them have been exposed in one way or another. Here's my list. Hey hey, you asked. :D
Unifund
Arrow Financial
Cach
MRS
Larry Roach & his clowns
Powell, Rogers & Speaks
Mann Bracken llc
Merchants Credit Guide


lrhall41

Submitted by Shazzers on Sun, 05/11/2008 - 11:49

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Brenda, the first thing you do is contact the county clerks office to verify that the summons is real, if it is, then you need to appear in court or they will be given a judgement against you. If that happens, its possible that your wages can be garnished and you bank account frozen. Hope this helps.


lrhall41

Submitted by on Sat, 03/14/2009 - 01:57

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I've got summons from Two different debt collectors. My husband and I are on state assistance - we're in Michigan and his paychecks are quite small. We can barely support ourselves. What's going to happen to us? I can offer payments, but will they accept the small payments we can offer? We don't have any luxuries. We don't even have cable. I'm totally stressed and at a loss for what to do. Do I just go before these people with proof of my income and bills and say, "what would you do if you were me?" That's my temptation, anyway.


lrhall41

Submitted by on Thu, 03/26/2009 - 11:52

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I have a cash payday loan from 2 years ago, a lawyers office contacted me and said it was from Cashnet USA in the amount of 2000.00 and that I was fixing to have to appear in court, I want to pay this off but like most I am unable to being that I am a single parent and now I am scared to death..please someone give me a little ray of hope in this matter..


lrhall41

Submitted by on Fri, 03/27/2009 - 17:36

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WHAT HAPPENS WHEN U RECEIVE A SUMMONS FOR DRINKING, AND YOU DIDNT GO TO COURT. I AM AWARE THAT THERES A FINE YOU HAVE TO PAY, BUT AFTER A YEAR DO U GET ARRESTED? I RECEIVED MY SUMMONS LESS THAN A YEAR AGO WHEN I WAS 20 YRS OF AGE AND I LOST MY TICKET AND DIDNT REMEMBER MY COURT DATE. NOW IM 21 DO I GET ARRESTED WHEN I SHOW UP TO COURT. I REALLY NEED AN ANSWER BEFORE I APPEAR IN COURT.

WHAT WILL HAPPEN TO ME?


lrhall41

Submitted by on Fri, 05/01/2009 - 00:36

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guest well I too just received a call from someone saying they were from a lawyers office and the suit was from Cashnet USA but they didn't want to tell me who was the original loan provider. the loan was for $200 its over 2 years old and they told me it was $749 and $500 something to settle but now all of a sudden its going to be $5000+ since they want to go to court. How does it look I send them a payment from my account and they don't even want to give me the name of the company?


lrhall41

Submitted by on Tue, 05/26/2009 - 14:49

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guest well I too just received a call from someone saying they were from a lawyers office and the suit was from Cashnet USA but they didn't want to tell me who was the original loan provider. the loan was for $200 its over 2 years old and they told me it was $749 and $500 something to settle but now all of a sudden its going to be $5000+ since they want to go to court. How does it look I send them a payment from my account and they don't even want to give me the name of the company?


lrhall41

Submitted by on Tue, 05/26/2009 - 14:49

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Plese help,
I received a summons of complaint to appear in court for a loan that I cannot pay. I have been laid off 2xs this year 1 time last year. I don't own anything except a 95 Honda civic. (and I lost the title). I am staying with a friend. I am getting some U.I. for a short time. The debt was originally from CapitolOne, and is not with an "Attorny's office"... here in Denver. QUESTION: SHOULD I GO? QUESTION: WHAT WILL HAPPPEN? I have no money to pay this!


lrhall41

Submitted by on Sun, 05/31/2009 - 13:31

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I recieved a certified letter from a federal civil suit. A former employee claimed harassment by another associate and she is saying that i as a manager and circuit city as a company did her wrong. What do i do the company is bankrupt and i have to paperwork or human resource paperwork.


lrhall41

Submitted by on Wed, 07/01/2009 - 19:41

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Where can I find a "template" that shows the legal response for the state of Ohio in responding to a Creditor's complaint? I received a complaint from Ford Mortor Company for a car that was owned by my ex-husband and now they want to come after me for $10,000 (he filed bankruptcy). I appreciate your help.:roll:


lrhall41

Submitted by on Tue, 07/28/2009 - 12:10

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Yessi,
This is actually a forum to help people get out of debt. You should consult a local juvenile advocate organization or local legal counsel, because truancy is considered a criminal offense.

Waysinc,
Google your local county civil court or call them and ask. There is an official form that will need to be filled out. Firstly, the debt was discharged in BK so they cannot win. Secondly, the debt was not in your name so they cannot win (Ohio is not a Community Property state). Also file a Motion for Discovery. Get an attorney. I would be willing to bet that one would work pro bono because he/she can get paid by the plaintiff for filing this frivolous (and illegal) lawsuit in the first place. And then countersue them for damages.


lrhall41

Submitted by Chrys Henderson on Wed, 08/05/2009 - 04:54

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Quote:

Originally Posted by Shazzers
Most likely you are being sued, usually will say: "Summons Of Complaint". First you try to get an Attorney to represent you, if that isn't possible, you answer the complaint with your best defense!



i need help with a summons from an auto corporation fell back on pynts because i got laid off but made an effort and sent 2000.00 on a 2560.98 balance...i still owed the 560.98 was working on that and now i get this summons what do i do???? plz help


lrhall41

Submitted by on Wed, 06/16/2010 - 19:18

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:confused:I just recently got a summons for a repo that happened two years ago. i let the thing go back because my business was going under and could not aford the 600 a month payment. Today nothing is changed I dont work I am a full time student with three kids my husband workd but he was on the loan with me ?? I cant pay this what can they do?


lrhall41

Submitted by on Wed, 01/12/2011 - 15:38

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during the summon ( 30 days ) what to do next after you settled the debt with the credit card company lawyer? are they going to dismiss the lawsuit ? is there any form or document stating that there is no more lawsuit after you settled the debt?


lrhall41

Submitted by on Thu, 01/03/2013 - 16:29

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