I received a summons for a debt for a credit card.

Hello. And Bye.

Ok first off who is suing you exactly? The collection agency or the original creditor? I would be very wary, it sounds like they are trying to trick you into a default judgment.

Taking a payment arrangement is fine, but get it in writing otherwise they will claim they never made any agreement with you. Question is with your financial difficulties can you afford those payment arrangements? There is no point in doing it if you can't follow through. If this is the case then answer the summons and show up....take all your financial information with you and the judge can order a payment arrangement on your financial terms, NOT what the plaintiff wants.

You can file for bankruptcy anytime and while they can contest it, they would have to show up for your hearing...but once it has gone through, if that debt or judgment is on it, then they no longer can collect from you.

Actually you should answer and show up regardless of taking the payment arrangement or not...because there are some bottomfeeders who will get you into a payment arrangement and once they get a judgment they will simply ignore their own agreement and do whatever they can through garnishment or bank levy.

Try asking them if they will agree to drop the suit if you enter into a payment arrangement with them..I bet you ANYTHING they will say no....well, that really answers your questions about them....if they were honest in wanting to enter into a payment arrangement with you why would they still continue the suit? Something to think about.

It is a lawyer for the collection agency that I am dealing with (the lawyer listed on the summons). I can handle the $100/month that I am agreeing to, although pushing it up to $300/month in the fall will be difficult, plus this is with interest still on it (they are unwilling to stop or reduce interest and are only willing to work with the full balance if making payments). Yes, it feels like they are trying to trick me as well, they swear they will not "act on the judgment" and that it will state it on the agreement, however I cannot see this agreement until I give them my bank account info to set up payments for the $100/month for March-September.
What should I answer on the summons? I can't really DENY that it is a legit debt. It doesn't have a date, only that I have to answer within 20 days or it will be a default. I'm terrified of having my wages garnished or bank account drained when I am currently living paycheck to paycheck, so I'm afraid of going to judgement.

Goldenblast:
yes, of course you are correct, they will not drop the suit. They say once I have been served it is not possible to stop it (I'm feeling like this is not really so, but they will not drop it). They say that the arrangement will state that they will not act on the judgment, but conveniently I cannot see this agreement until AFTER I give them my banking information so that they can start taking my money out monthly. I fear I am making it too easy for them to seize my account when a judgement is placed if this is the case? I also don't know how to answer the summons? From what I can see I am supposed to confirm or deny the accusations. Well how can I deny that it is a real debt? What do you recommend?
Thank you so very much!

Ok if the plaintiff is a collection agency, then more than likely they bought the debt. You really need validation before you pay anything. Also this just seems very suspicious to me. Stating on the agreement that they will not act on the judgment is a huge red flag...especially since they will not give you this agreement in writing before you start paying! Very fishy!

You don't have to deny that it is real debt..answer truthfully..you are without sufficient information to agree or deny, which is the absolute truth...you have nothing that proves they are the legal entity to collect, or if they are collecting the correct amount. The fact they are playing this fast and loose with your rights makes me wonder if they even have the proper documentation!

I have some questions:
did you get any calls or letters about this debt prior to them filing suit?

Do you recognize the card they claim you owe on and does the amount they say you owe sound right to you?

Ok...now we can help you answer your summons...you can list the statements here, just redact your personal info and we can go over them and help you answer them.

Also..was there anything attached with the summons as exhibits such as any statements or affidavits?

Once you submit your answer we can help you out with filing a motion for discovery to make them prove everything. Many, many debt purchasers do not have proof.

Honestly I would not agree to this payment arrangement because of the highly suspicious way they are acting. You can take your financials with you to court and even if they can somehow produce the documentation, you can have the judge set you up with payment arrangment and I bet you could get the $100 a month straight across, not to mention that the debt would then start accruing interest at judgment rate...which is always lower than the gouging credit cards do.

Oh and I forgot to tell you...that they can't drop the suit once it has been filed is a big fat lie! All they would have to do is file a motion to drop the suit..easy peasy. They are NOT being honest with you and you should not take anything they say at face value.

Is there a way to copy the summons and attach it for you to see? (obviously w/ personal info blacked out)? as to your questions:
Did I get calls or letters, probably yes. I say this because it is not the only debt in collections, so I do receive calls that don't give details other then to call back and reference a specific number. I have avoided all of these (not thinking they would go away) but purely because I have absolutely $0 every pay period after bills paid (often it's actually a negative #!), so I had hoped it would wait until things turn around for us! I know the Capital One card had been for $2000 originally, and after fees I don't doubt that the $3300 they are claiming now is around what it is? There are no statements or affidavits attached to the summons. Just in case I can't copy and attach it, I will type up what it says:
"General Allegations: 1.) Defendant is a resident of the state of Arizona, county of Maricopa (specifically residing within the boundaries of the North Valley Justice Court); thus venue is proper according to A.R.S 22-202
2.) The amount sought by Plaintiff hereby, exclusive of interst, costs and awarded attorneys' fees is less than $10,000.00; therefore, this court has jurisdiction over this matter pursuant to ARS 22-202
3.) That Plaintiff is the owner of certain accounts of Capital One Bank (USA), N.A. includint the account of Defendant herin, and pursuant to A.R.C.P. Rule 17(a), Plaintiff is the real party in interest entitled to sue on the debt alleged herein.
4.) Upon information and belief, Defendant was married at the time the debt alleged herein was incurred, remains married currently, and the debt was incurred to the benefit of the marital community of Defendant. Plaintiff requests leave to ament this complaint to include the spouse's tur neame to this complaint once identified.
5.) Alternantively, in the event that Defendant was not married at the time the debt alleged herin was incurred, but is currently married, Plaintiff alleges that pursuant to ARS 25-215(B) Defendant and the marital community of Defendant is liable for the debt alleged herein.
6.) Additionally, in the event Defendant was married to J. Doe Ex-Spouse at the time the debt alleged herin was incurred, but is no longer married to J.Doe Ex-Spouse, Plaintiff alleges that the marital community of Defendant and J. Doe Ex-Spouse is liable for the debt alleged herein, and Plaintiff seeks to include J.Doe Ex-Spouse in this action and any subsequent judgment, and requests leave to amend this complaint to include the ex-spouse's proper name once identified.
7.) Pursuant to ARS 12-341 the prevailing party shall be entitled to an award of all costs and pursuant to ARS 12-341.01 the prevailing party may be entitled to an award of reasonable attorneys fees incurred in pursuing this action.
8.)Court costs as actually incurred are chargeable to Defendant if Plaintiff is the prevailing party.
COUNT 1, Breach of contract:
9.) Plaintiff realleges each and every allegation in paragraphs 1-8 as though fully set forth herein and incorporates them by this reference.
10.) That defendant applied for a revolving credit card from Capital One Bank (USA), N.A., Capital One Bance (USA), N.A. accepted Defendant's application and issued to Defendant it's credit card.
11.) That Defendant accepted and used said credit card thus issued to Defendant and thereby agreed to abide by the terms and conditions accompanying said credit card.
12.) That Capital One Bank (USA), N.A. sold and assigned all of it's right of the credit account therein to the Plaintiff.
13.) Defendant owes Plaintiff $3,155.88, plus interest at the rate of 20% per annum from and after January 3, 2011, for the purchase of goods, wares , and services by Defendant on or before January 3, 2011.
14.)That although duly demanded, Defendant has failed and refused to pay said amount and therefore is indebted to the Plaintiff in the amoung of $3,155.88, plus interest at the rate of 20% per annum from and after January 3, 2011.
COUNT II, ACCOUNT STATED:
15.) Plaintiff realleges the allegations set forth in paragraphs 1 through 14, and incorporates them herein by reference.
16.) From time to time, Plaintiff and or Capital One Bank (USA), N.A. made and rendered to Defendant accurate invoices and/or statements of account of the transactions between said parties. Said invoices and/or statements of account were received by Defendant, accepted and retained by said Defendant without objection being made thereto or to any item thereof.
17.) In furtherance of the goods slold and delivered, a full, just, and true account was made and stated between Plaintiff and/or Capital One Bank (USA), N.A. and Defendant which showed a balace of $3155.88, plus interest at the rate of 20% per annum from and after January 3, 2011, due to Plaintiff from Defendant over and above all sums received from Defendant and for which Defendant was entitled to credit. Said account was delivered to, received and accepted by Defendant and was retained by Defendant without objection being made thereto or to any itme thereof.
18.) That although duly demanded, no part or portion of the amount owing has been paid
WHEREFORE, Plaitiff respectfully requests the court enter judgment against Defendant as follows:
1.) For the principal amount of $3,155.88 Plus interest at the rate of 20% per annum from and after January 3, 2011.
2.) For Plaintiffs costs and disbursemnets incurred herein.
3.) Reasonable attorneys' fees of $750.00 in the evend of a defauld judgment or as actually incurred otherwise.
4.) Interest accuring at the rate of ten percent (10%) per annum on the full amount of judgment after the judgment is entered
5.) For such further and additional relief as the Court deems just, fair, and aquitable in premises.
Respectfully submitted this 15th day of February, 2011"
The next two pages state this:
"My name and J Doe Spouse- defendant
YOU ARE HEREBY SUMMONED and required to serve upon the Plaintiffs attorney an answer to the complaint which is herewith served upon you, within twenty (20) days, exclusive of the day of service, after service of this summons upon you if served within the Sate of Arizona, and within thirty(30) days, exclusive of the day of service, if served outside the state of Arizona. Direct service is complete when made. Arizona Rules of Civil Procedure, Rule 4.
YOU ARE HEREBY NOTIFIED that in case of your failure to appear and defend within the time applicable, judgment by default may be taken against you for the relief demanded in the complaint.
YOU ARE CAUTIONED that in order to appear and defend, you must file and answer or other proper response in writing with the Clerk of this Cour, accompanied by the necessary filing fee, within the time required, and you are required to serve a copy of any ANswer or other response upon the Plaintiff's attorney. Arizona Rules of Civil Procedure, Rule 10. "
then it just states the name and address of the Plaintiff's attorney.
A couple of more questions: Does my husband have to come to court too? Or is it something I can go and defend on my own?
As I think I have stated before, I am expecting to need to file for bankruptcy in the fall, so whatever happens with this will come to a hault when I file (if I include it, which of course I will), am I correct?
THANK YOU SO VERY MUCH for all of the assistance you are providing!!!!!!!!!

I wasn't sure if I answered above or posted a reply and didn't know if you would get my reply?

Anyone able to help me to write an answer (and do I have to write something called an "appearance"?) ? Technically today is 20 days, but I called the court (because I dont get paid until today and it costs $ to answer!) and they said I would be fine to send it today because they do give an additional 10 days after the 20 days is up. I really don't know what I am supposed to say? Thank you so much!

Here is some answers for you:


1: Agree
2: Agree
3: Without sufficient information to agree or deny
4: Without sufficient information to agree or deny
5: Without sufficient information to agree or deny
6: Without sufficient information to agree or deny
7: Agree
8: Agree
9: Without sufficient information to agree or deny
10: Without sufficient information to agree or deny
11: Without sufficient information to agree or deny
12: Without sufficient information to agree or deny
13: Deny
14: Deny
15: Deny
16:Deny
17: Deny
18 Deny

AFFIRMATIVE DEFENSES

1: Assumption of Risk: The plaintiff bought an old, defaulted account knowing it has not been paid.

2: Fraud: Plaintiff violated the Fair Debt Collection Practices Act (FDCPA) 807(2) and FDCPA 808 (1) in that they are falsely misrepresenting the alleged debt without contractual proof that defendant owes any debt to plaintiff.

3: Statute of Frauds: Plaintiff has presented no signed contract or agreement from which plaintiff has derived the above numbered complaints.

4: Discovery may reveal the existence and applicability of additional, affirmative defenses. For the specific purpose of not waiving any defenses that may be revealed or clarified through further discovery, Defendant preserves the affirmative defenses set forth within Arizona's Rules of Civil Procedure 4, 8, 12 and 19.

COUNTERCLAIM

Plaintiff violated the defendants rights according to the Fair Debt Collection Practices Act (FDCPA) 807 (2) and 808 (1) and is liable to defendant in the sum of $1000 as per FDCPA 813 (a) (2) (a).

PRAYER FOR RELIEF

Wherefore Defendant prays that the court:

A: Deny the relief sought by plaintiff and dismiss complaint entirely.
B: Grant Judgment for Defendant in the sum of $1000.
C: Grant Judgment for Defendant's attorney's fees and costs incurred herein.
D: For such other and further relief as the court determines just and proper.

What happens when the OC turns over the account to a collection agency then they sell it to another collection agency who then sues me. they have as the plaintiff Capital One, but are they a client? How do I find out this kind of infomation or is it not important to worry about when answering the summons. thanks.

Capital One as a general rule doesnt sell their accounts...they place them with agencies or law firms. If Capital One is the plaintiff that is a good indication the account is still owned by Cap One.

One surefire way to find out is to call capital One and ask them if they still own the debt...if they do they will be able to tell you who is currently collecting on it and if not they can tell you who they sold it to..so call them and ask.

OK Thanks

I had a similar situation. I became disabled in 1998 and I had a credit card with a $2500 balance. After being on their hardship program and paying for two years, only to see the balance go UP every month, I stopped paying. It was charged off in 2000. And then sold to several collection agencies before ending up with a law firm out of Texas. In 2006, way after the statue of limitations had run out, I got home from the hospital after a surgery, was laying on the couch, and the guy comes and hands me papers saying I have been sued! I was horrified. I tried to get an attorney and the attorney wanted more than the $8000 they were suing me for. I answered pro-se to the court. I finally called and the lady said they would do an agreed judgment of $2500 and allow me to pay it out. I said great, and made arrangements or the first payment. That same month my husband had a heart attack and I applied to refinance our house. This law firm must have checked my credit every day. As soon as they saw a credit pulled for a mortgage, they called and said the $2500 settlement was off and they needed $8000 from the refinance. I told them there was not $8000 extra. They prevented me from being able to refinance and still took a judgment against me for $8000. Life goes on. Debt collectors are the lowest of the low. They lie to you and back stab you. Do not agree to anything.

Hi Goldenblast,
OK, I answered via registered mail w/ return receipt. I received the info that the lawyer received my answer, but nothing from the court yet. I did log on to the court today and looked up the case and it shows a date now for a pretrial conference. What do I need to do to prepare and what should I expect when I go to this pretrial conference? THANK YOU!!!!

Goldenblast.. I sent a private message to you as a result of the list you posted for an answer to the summons that Patsy received. First I just came to this site today to look for some answers to the situation I am currently in. I recd a summons almost identical to the one Patsy recd. I have already answered and I sent you the items that I responded which I was wishing I had read your response about two weeks ago to use it then. : ) Anyway now I am facing a court date onMay 19th. The original debt was a Capital One credit card with my original balance of about 900. My credit limit was always 1000 so it was not any more than 900 when I stopped paying. CACH LLC purchased the account apparently and began pursuing collections in December. I did not even know what account they were calling me for until I recd the summons to court. Then they attached a standard credit card agreement to the summons and that is not even the contract that I had as I had replied to an offer about 5 yrs ago.

So I am hoping that they cannot prove that this is my account? or that they have no original documentation to prove it is my account? Really I am not sure what I need to do or what I need to have to show up in court and what to expect etc.

Thanks for any advice or assistance...

Dian

Unfortunately you already sent your responses....could you perhaps list what the counts were and your responses? So we know what we are working with.

Ok...well you will want to object to the agreement as it is not signed by you so it in no way proves anything at all...you can even point out that the date of the alleged debt is 5 years prior to the agreement they contributed so it is even less than nothing.

You want to motion for discovery....you want to ask for key pieces of documentation, the SIGNED agreement, the final statement or all statements to prove the amount, an accounting of any fees added and finally something that shows proof they are the correct holders of the account such as proof of purchase or whatnot.

When(if) they don't provide these, you motion to compel or you can motion to dismiss based on no evidence...also make sure to demand dismissal with prejudice as they filed a frivolous lawsuit with absolutely no proof to back up any of the claims.

Good post. I'm going through a few of these issues as well..

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