How to answer summons
Date: Wed, 06/17/2009 - 12:44
Anyway, I have spoken to the law firm (mistake, I know), about setting up a payment plan. They want me to sign a stipulation, which I don't want to do. I'd rather get a judgement through the courts then hand them one. So, I'll need to answer.
My question is, how do I answer the summons when in fact I do owe the money? Can I just answer with a notice of appearance so that I can be notified when a default judgement is entered?
Any suggestions are greatly appreciated.
When talking about a payment arrangement, they said I could pay a specific amount before the end of the month and after I did that, they would send me the stipulation to sign as well as the payment arrangements.
Thanks
SeniorSandy
Have you verified that they are authorized to collect the debt f
Have you verified that they are authorized to collect the debt for the OC? If not, you need to send a DV letter to them before you give them anything. And if you received a summons from a law firm, that is not an actual summons from the courts and I'm not sure if that is legal anywhere.
I believe the CA/Attorneys are authorized, as we had a three way
I believe the CA/Attorneys are authorized, as we had a three way conversation after I called the OC and she connected our call to the CA/Attorney to authorized an agreed upon amount for a June payment.
I believe the summon is an actual summons in the sense that I must answer it to avoid a default judgement and preserve my rights. In Washington, under civil procedures rule 4, a law firm can send you a summons without having to actually file it to the courts.
I just don't know what to put as any sort of affirmative defense, or if I should simply file a notice of appearance.
Senior Sandy
Hi Sandy, First: call your local Municipal Court and verify t
Hi Sandy,
First: call your local Municipal Court and verify that there is an actual summons.
The following website, though it is for New York, is very comprehensive and will tell you a lot about civil procedure.
"http://www.nedap.org/hotline/court.html"
FWTex,
According to Rule 4 of the Federal Rules of Civil Procedure:
"The plaintiff is responsible for having the summons and complaint served".
Normally plaintiffs use a process server because improper service is often used as a defense by the defendant.
If you make a payment agreement with the court and the plaintiff
If you make a payment agreement with the court and the plaintiff, the case will be dismissed and no judgment will be entered. But if you miss the payments the case could be started up again.
statue for SC
had tjis call from a patty at 951 340 3080 said she needed to talk to me and that we need to discuss the property at ......and she said law firm I called back and talk to a caward masters he wouldnt give me name of firm and I told him not to call me again he said he would whenever..but when I called and the rec answered I SAID THIS CALL IS BEING RECORDED this is when she put him on..this account is 8 years and I think statue in S.C. is 3 tears...
Well, guest, one can make a payment arrangement at any time - an
Well, guest, one can make a payment arrangement at any time - and should. The court process is explained in great detail on the following website: "http://www.nedap.org/hotline/court.html" It is for New York and so may differ slightly in your state.
Shirley,
File a complaint with the FTC, the FCC, and your state Attorney General. Send them a Cease & Desist letter - Certified Mail, return Receipt Requested. If they call you again after they receive the letter, sue them. I'd assume it is a scam or a phishing expedition based on their illegal behavior and especially because that number does not show up in Google at all so it is probably fake. If you talk to them again (before they receive the Cease & Desist) tell them to cease all contact with you (you do not have to write them, all you need to do is tell them - but the reason for writing is for proof that you *did* tell them and that you have filed complaints with government authorities.