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Just got served a summons and its Saturday!!!!

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Just got served on a Saturday here at home from a company called Tri-Cap Investment Partners, LLC. It seems like they purchased all of our credit cards (Bank One, Chase, JC Penney, etc) and want us to pay. We filed for bankruptcy in 2005 and it was dismissed 6 months later because we made too much money at the time.
After that, we neglected to pay our bills because my husband lost his job, I was out of work for a couple of months because of sickness and tried to pay the important bills (mortgage, utilities, cars) with the money we were receiving.
We have 30 days to respond to this summons. What should we do about it? Are they or can they garnish our wages?
We are really worried about this.
Any suggestions are welcomed.
Thanks.




OK, thanks for the info.

Sub: #21 posted on Mon, 02/26/2007 - 13:39

lrhall41 lrhall41

(Posts: 245 | Credits: )

Okay, I talked to an attorney today inquiring about if we would lose our house and she told me that it was very unlikely that we would lose our house. In the worse case scenario it would be that the company would file a judgement against us and we would have to pay them before selling our house.
She said that her firm sometimes takes these cases but they want a retainer fee. She wouldn't tell me how much because she had to discuss it with the other partners so I have to see them again tomorrow.
I could do this myself and send a letter to the attorney for the company that filed the law suit and a copy to the courthouse, but I really do not know how to even start the letter. Is there a sample letter somewhere where I can start working on?
Thanks for your suggestions.

Sub: #22 posted on Tue, 02/27/2007 - 15:25

lrhall41 lrhall41

(Posts: 245 | Credits: )

There is an ebook section in this website. You will find a sample letter that fits in your situation.

http://www.debtconsolidationcare.com/letters/

Also, go through the letters section here.

http://www.debtconsolidationcare.com/books/

Sub: #23 posted on Tue, 02/27/2007 - 15:30

Johnson4485 Johnson4485

(Posts: 399 | Credits: )

Thanks Johnson I will check them out.

Sub: #24 posted on Tue, 02/27/2007 - 15:36

lrhall41 lrhall41

(Posts: 245 | Credits: )

Just wanted to update on my second meeting with the attorney. He said that Tri-Cap Investments, LLC was holding the cards and they could do whatever they wanted with our debt. He strongly believed that they would no go for the monthly payment plan that we were going to send them due to the fact that we didn't pay our original creditors way back in 2004, we filed for bankruptcy in 2005, which was dismissed and never attempted to contact the creditors to make payment arragements.
He told me that based on experience, they would make us pay the whole $20,000 plus fees and court costs all at once.
We do not have that kind of money laying around the house or even own anyhting of value, so I really do not know what is going to happen.
My husband is the Head of the Household, so they can not garnish his wages (good thing) and I am not named in the lawsuit.
Any other suggestions?
Thanks.

Sub: #25 posted on Wed, 02/28/2007 - 10:58

lrhall41 lrhall41

(Posts: 245 | Credits: )

Please go to www.naca.net and get a referral for a lawyer that deals with credit and collection law!

Sub: #26 posted on Wed, 02/28/2007 - 11:39

cajunbulldog cajunbulldog
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Oh I did, and the attorney that I went to today is the one listed on the website. He wasn't that much help at all and he was charging me a "retainer fee" of $750 and $350/hour fo rhis work. I though that he was a ripoff, but that is another story. I can not afford to use him (obviously) because of his fees.

Sub: #27 posted on Wed, 02/28/2007 - 11:42

lrhall41 lrhall41

(Posts: 245 | Credits: )

Perhaps you could use a paralegal. While they cannot represent you in court, one could help you by assisting in filing paperwork and research. They aren't cheap either, but they often charge a great deal less than an attorney. If you go this route, I would look for one who graduated from a state bar approved school, not a correspondence course.

Sub: #28 posted on Wed, 02/28/2007 - 12:04

Morningstar Morningstar

(Posts: 1634 | Credits: )

Thanks Morningstar. I will look into that.

Sub: #29 posted on Wed, 02/28/2007 - 12:10

lrhall41 lrhall41

(Posts: 245 | Credits: )

I just reviewed both sites that were listed above and I am still a little confused. Which letter is the one that I need to send to the court and to the attorney of the compant suiing me? SHould I have them validate the debt to make sure that they purchased all 8 accounts, or should I agree to make a payment plan? The papers that were attached to the summons only had affidavits from notaries from the same company indicating that the company purchased the accounts, but I didn't get anything showing each specific account with the amount that they purchase dit for, etc. What should I do?
Thanks

Sub: #30 posted on Thu, 03/01/2007 - 12:29

lrhall41 lrhall41

(Posts: 245 | Credits: )

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