Received Summons from Sheriff
Date: Mon, 02/14/2011 - 07:42
I received a summons yesterday from our Sheriff, for a court date in a month. The creditor taking me to court is somewhat like a department store, I suppose -- it was for an item purchased on credit online, they didn't actually extend a credit card. It was paid on for almost a year, and then a few things happened with work, so I canceled the direct deposit that was set up to pay on the item so I could work a different plan with them.
The harassing phone calls began immediately, and I couldn't really get to reach and agreement with them. Their legal department began texting me, I asked them to stop (I dont have texting, therefore it was charging my cell phone bill), and then looked me up on Facebook to contact me there. Months went by and no agreement made. I asked for a full bill, and updated my address with them, and they sent it to the old address. I corrected my address with them again, and once again, never received any kind of paperwork from them to at least show me in writing the break down. (Their paperwork on the summons also shows the wrong address)
Now I've received the summons for the balance owed on the account. I've never been to court before, so I have no clue what to expect from this. They are based out of New York. They have been so hard to set up any sort of negotiations with, and I am all for paying what I CAN.
I just have a couple questions I was hoping someone might be able to shed a little light on:
-Can I attempt to settle with them once again out of court before actually having to go to court? (We have a ton of lay-off's and firing going on right now, I really am not enjoying the idea of needing to take off work for this, with the way work is going)
-If we go to court and they receive their judgment, will it garnish a percentage of my wages or will it also go to my bank account?? (I'm just wondering if I need to get a prepaid debit card as a back up, I can't have my bank account wiped)
I have NO CLUE what to expect, so just trying to figure this all out. Thank you so much!!!!!
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Well you can demand the breakdown of what money is owed in disco
Well you can demand the breakdown of what money is owed in discovery, but since this is the original creditor they will have everything. Garnishment is 25%. You will need to put your living money on a prepay debit or other such things. Doesn't matter what you owe, you have the basic right to feed yourself and have a roof over your head.
Is it worth me sending a letter to the lawyer of the company? Al
Is it worth me sending a letter to the lawyer of the company? All the paperwork says is the court date, to answer to a civil action, the amount, etc. There is an attorney for the plaintiff on the warrant -- is it worth contacting to try to settle out of court? I was going to offer $140 a month, and if they didnt take it, I was going to try to offer that in court too.
I would bother writing....calling is much more efficent and quic
I would bother writing....calling is much more efficent and quicker.If they agree, ask them to send you the agreement in writing.
I agree with soaplady. Keeping of the phone is mostly for colle
I agree with soaplady. Keeping of the phone is mostly for collection agencies...there is nothing wrong with talking to your creditors. You can simply call them up and offer your $140 a month. Explain to them your financial situation. If they refuse, you could send the creditor a letter, CMRR with the arrangement offer, that way you can show the judge that you tried to work with them. The letter is so they can't say you never offered.
Does the amount they are suing you for match what you owe? Consider court costs as well. Unless the amount is waaaaaay off, you will not be able to fight it, just try to work with it.