I got served our summons

Just make SURE u answer the summons! I'm pretty sure a judge will be fair. Here is what i have on how to answer a citaton. Hope it helps! (I'm not sure on all the above mentioned things but i'm pretty sure they will NOT come and get ur stuff if it's unsecured debt) Someone who knows more should be around soon to help u out!
Here's what i have:
It is a written answer to the plaintiff's complaint, basically saying whether the plaintiff's statements are true or not.

Their complaint is usually numbered, and will list every argument they have for suing you. For Example:
Quote:
1. Plaintiff XYZ Credit Card is an Illinois Limited Liability Corporation with its principal place of business at 1234 Main St., Some City, IL, 54321.
2. Defendant is an individual who resides in Chicago, IL.
3. On or about 1/1/2002 defendant filled out a credit application with the plaintiff for a credit card. Plaintiff subsequently granted and extended a $1500 line of credit to the defendant.
4. Defendant defaulted on the account on 12/1/2003 when s/he failed to make timely payment as outlined in the agreement. Defendant has never cured the default.
5. Defendant is in arrears the amount of $6873.00.
WHEREFORE, Plaintiff requests that the Court enter judgment in favor of Plaintiff XYZ Credit Card and against Defendant John Smith for:
(1) Actual damages in the amount of $6873.00;
(3) Reasonable attorney fees and costs of suit;
(4) Such other and further relief as the Court deems appropriate.




Your answer would repsond to each numbered statement, saying weather you agree to their allegation or not. You would basically cut and paste their complaint, and then respond. If you don't know, you can formally say that:
Quote:
Defendant's Answer to Complaint
1. 1. Plaintiff XYZ Credit Card is an Illinois Limited Liability Corporation with its principal place of business at 1234 Main St., Some City, IL, 54321.
ANSWER: Defendant is without knowledge or information sufficient to form a belief as to the legal status or principal address of the Plaintiff.

2. Defendant is an individual who resides in Chicago, IL.
ANSWER: Defendant admits the statement in Paragraph 2.

3. On or about 1/1/2002 defendant filled out a credit application with the plaintiff for a credit card. Plaintiff subsequently granted and extended a $1500 line of credit to the defendant.
ANSWER: Defendant admits the statement in Paragraph 3.

4. Defendant defaulted on the account on 12/1/2003 when s/he failed to make timely payment as outlined in the agreement. Defendant has never cured the default. ANSWER: Defendant denies each and every allegation contained in Paragraph 4.

5. Defendant is in arrears the amount of $6873.00.
ANSWER: Defendant denies the statement made in Paragraph 5.



If you have any affirmative defenses (like you never opened an account, it was paid off, or included in a bankruptcy) then you would list those at the end under a heading "Affirmative Defenses".

The reason for you filing an answer, is to determine what you and the plaintiff disagree on. Anything you disagree on will need to be taken to trial for the Plaintiff to prove. If you really don't disagree to any of the material facts, then the Plaintiff can motion for a summary judgment without having to go through a whole trial.

Hope this helps a little bit!
Ang

Guest please register so that I may assist you in private. If that is not possible,you would need to remove your identifying info& account #'s to post the complaint here.

I am sorry, I was in hurry this morning and did not log in. Here is what I have so far, I called debt settlement company, they told me not to answer until they contact me by Friday. (I have 20 days to answer, unless it gets dismissed.)

I do not know anything about how to write an answer except from what I learned in Ang's reply. I researched a bit online, however I am still kind of confused and stupid about the whole ordeal to be honest. I did come up with a rough draft version of an answer.

Don't laugh, as like I say this is my first one!!!!

I did the Caption.
****
V.
****

Answer

1. That the plaintiff is duly organize and exisisting corporation, who does business in the State of Oklahoma. That the defendant is a resident in the county in which this suit was filed and that this Court had Jurisdiction over the parties and venue is appropriate in this county.

Answer: Defendant is without knowledge or information sufficient to form a belief as to the legal status or principal address of the Plaintiff. Defendant does agree that he is a resident of ***** county and that this court does have jurisdication over the parties involved.

2. That the defendant is indebted to the Plaintiff in the sum of: 5000.00 plus 1300.00 which represents interest from the date of default until 4/11/07. with interest accruing at the rate of 29.9% per annum on account for goods and services provided by Plaintiff which total sum is due and remains wholly unpaid.

Answer: Defendant denies this statement made in paragraph (2). Defendant would like to have proof of original signed agreement with Bank of America.

3. Plaintiff is entitled to a reasonable attorney's fee for the use and benefit of Plaintiff's attorney.

Answer: Defendant disagrees with statement number (3).

Affirmative Defenses
The Defendant,*******, has been enrolled in a debt settlement Program, **************************************************
since 10/2005. Defendant is still currently in the 36 month program as an alternative to Bankruptcy.

Wherefore, Defendant prays for dismissal of this case with said Plaintiff. Defendant pleas with the court for cooperation from Plaintiff with Defendant's Debt settlement company, ********. A Judgment against said defendant would place family in undue financial hardship. I beg the court to favor the Defendant in this matter brought within the court.

Sincerly,
*************
Defendant.

:(

Does my above answer sound alright? stupid/ insane? ignorant? To demanding or what?

I just called court clerk's office and they said answer could be hand written or typed. They said there was no right/wrong answer and she has seen it all. She told me not to be embarrassed of my answer, that people do it all the time without consenting to an attorney. She said, to file the answer with them, so they can not get a default judgement. I feel better about my answer now.

I keep bumping this up so that hopefully someone will see it and have some answers for me soon.

One- show up to court (otherwise they get a default judgement on you)
Two- bring proof that you are in a debt settlement company it may make the judge look favorable on your behalf. At least you are trying to pay your debt

I offered assistance in my first post.You may either post the complaint here after removing private info or pm me.After I see the complaint I may be able to help you with your defenses because just saying you are paying won't hold water with a judge unless you plead the correct defense with it's elements.

You will want to answer the summons. I have had to go through this myself and I had help from the forum members here. Cajun is great with this stuff so I'm sure he can help you out. I know they can't just take stuff out of your home or your car if they don't have the lien on it. Mainly I believe they try to work out payment arrangements or go for the wage garnishment first. I've heard of creditors getting into checking accounts but I don't know how they would get into your debt settlement escrow account. I would also keep in touch with your debt settlement company to see if they can make arrangments but please answer the summons. As Leah suggested, get all of your documents together for the court date if it goes that far.

Cajun,
I did post up above --the 3 complaints on my summons and I posted my answer as well. I have no way to copy and paste it on here, and I was not typing the whole two pages.

I only had 3 numbered complaints and I posted them in my above rough draft answer. Please, any advice you have will be greatly appreciated.

Mishele, are you still in your debt settlement program? How did it go for you when you answered your summons? I am anxious to hear from you.

For your defenses let's add these:
1. Accord & Satisfaction
a. Defendant is indebted to plaintiff on the following account(Full account #)
b.Plaintiff are receiving payments from a debt settlement firm(Name & Address of firm)
c. By receiving payments plaintiff has entered into contract with defendant and this action breeches said contract.
2. Unjust Enrichment
a. Plaintiff & Defendant are in a contract repaying this debt using a debt settlement firm and this lawsuit violates that agreement.

Cajun,
I am so sorry.....but everyone assumes that debt settlement is consolidation. They are two different programs. I am in settlement company and they do not make contract with the creditors. They do not send monthly payment to them.

rather, they allow my payments to settlement company collect in an account until I have a large lump sum to settle an account. So, basically I don't have enough saved up yet to settle even half with these people yet. I just settled an account 2 months ago and my funds have not accumulated to a large lump sum again.

...can you still offer me advice and what to say?

Well if it is a true debt settlement with no hint of contract,the only advice I can offer is to show up for the court hearing and offer oral defenses to the judge.

IF it goes to court..and our debt settlement company can not make arrangements with them....

What if we don't understand the Judge's termanology. I mean, this stuff can be confusing. I have read so much stuff from here and there and confused, I can't remember where I read this at, but someone told me that they will more than likely rule that I set up arrangements to pay a certain amount to them monthly and if I default in a payment, automatic judgement will be entered against me. Does this sound correct to you?

and should I request the copy of original
agreement with original creditor. I am
thinking that this 3rd party does not have
original agreement for Bank of America.

Some states require that you go through mediation first . . . . That is where you would set up payment plans. And yes, if you default, and automatic judgement is entered against you.

If you go before the judge the only question before him is if you owe the money. He won't care about if you tried to make arrangements or such. That is not his business. If he rules that you do owe the money, judgement will be entered against you. At my court, if a judgement is entered against you it is due and payable that day by 5pm, or else the creditor can file for garnishment or some other means of collecting.

Do you know this for fact, that the
Judge will not take into consideration
that you are in a debt settlement company
and allow them to wipe me dry.
I put in my answer that I was in debt
settlement company as an alternative
to bankruptcy. I put that our family
would be placed in undue hardship if
a judgement was placed against us. We
would not be able to live.

I have been told by a lawyer that the
Judge will more than likely favor us since
we are in the Debt Settlement company. Not
really favor us, but make us make
payment arrangements before entering a
judgement against us.

I mean, for crying outloud, we owe a
credit card....so make us pay them. I
just don't see them allowing them to
just dip out of our bank accts and take
our money when we are trying to do this.

I am taking the Better Business Bureau
ratings on our company with us, to prove that
we picked the best company to our knowledge
to help us.

My parents never once had their accounts dipped
into, and they owed way credit cards and had
way more savings.

Can't you appeal a garnishment, should it
come to that? I am hoping that it don't.

I think they believe we will not show up and
that they have a default in the bag! Wrong.

While I am thinking about this, how can we
read all the replys when it is covered up by
this big box here on the Right side of the page?

That is just how it is where I live . . . . You are required to go through mediation first, and if the two parties cannot agree on payments, then it goes before the judge. The judge only cares about wether or not you legally owe the debt, that is the only question before him. Where I live, you can't claim undue hardship, or being judgement proof either. The only question once it gets to the judge is if you legally owe or not.

I do know for a fact this is how it is in my district. I was just at the courthouse a few weeks ago on a similar matter to yours and the clerk went through a whole spiel first about all this.

And not to upset or discourage you, but there was a lady in court that was in debt settlement. She was told that to use a defense of "We hired a company that's purpose was to let out debt get so old that they would settle for penny's on the dollar" was not a defense. Your debt settlement company should've warned you that this possibility could happen.

But if your courts are anything like the ones in my area, you are required to go into mediation first. That is where you will be able to set up payments. It's only if the parties can't agree on payments that it goes before the judge.

I don't believe we have an option here in Oklahoma. I believe it goes right before Judge. This is perhaps why I am thinking that he orders me to pay perhaps and then if I default will order judgment against me.

Here are the procedures for Oklahoma County

Quote:

Can you tell me where to find this at? SO that I can add it to my favorites? I still have confusion, like I am really worried about the Judge just turning over my bank acct and wages to this credit card company, when I am in this program and trying to do something other than file for bankruptcy.

forgive me for sounding stupid, if the procedures you provided to me clearly states this can not happen. I am totally overwhelmed at this point with information.

the judge only will decide the issue at hand - Do you owe the money?

It's up to the creditor to file for garnishment and such, it doesn't happen immediatly. It normally takes about a week.

Those are the procedures for Oklahoma County, is that the county you live in? Your county may be different . . . . If you want to post what county you live in I can see if I can find the procedures for your specific county.

Linda,

No, I'm no longer with my debt settlement company. That's a different story. We received a summons by Beneficial on our second mortgage. This was listed with my husband's debt consolidation program. It has been a nightmare but it came out in our favor. We did answer the summons in the required time frame. A forum member helped me with that. We also made payment arrangements with the attorney's office and dropped the creditor from the dc program. They weren't satisfied with that and tried to get us to sign a consent judgement. We refused to do that because we didn't want that on hubby's credit report. He went to court a couple of weeks ago and the lawyer did not show up. I'm sure they were hoping they would win by default, thinking my hubby wouldn't show up. The judge ruled in our favor after showing him all the appropriate paper work. I hope your debt settlement program can offer you some solutions on Friday.

They can not garnish your wages on a stipulation to pay, they can only garnish on a judgement.

Isn't is possible for the Judge to tell us to work it out and not give judgement unless I default in payment arrangements?

I mean, you making me feel as if it is pointless to even go to court. Everyone says to go or I will get default judgement and they can take your wages and bank acct.

But you keep telling me that they will even if we go...what is the purpose if they are going to play us like a drum either way?

The county is Delaware.

Mishele, so what happened to your debt settlement company? I have been in mine since October 2005. It is a bit to long to back out now. This October will be 24 months with only 12 more to go to complete the program. I only have 3-5 more months of fees and my full 400.00 monthly payment will kick in and will accumlate quickly. We have settled a big acct of 6,000 for 2400.00 Sears. SO, I am pleased other than the fact that Bank of America is being aggressive. I think they are kind of ticked more because our truck is through Bank of America and we have not missed a payment one, and it is a pretty large one.

I'm not at all telling you not to go, or that's it's pointless.

It may be possible for the judge to do what you say, all I'm saying is that in some counties the judge will only decide if you owe or not. I do not know what county you live in, so I cannot say for sure what the procedures for your courts are. Only what they are for similar areas.

I can only find the procedures for Oklahoma County, you may want to call your coutrhouse and ask them what the procedures are. I'm not sure if there is a webpage for the deleware county court.

I'm not trying to upset you or anything, I just want you to be prepared in case your court is like mine. It does say in the procedures above that you can try and work something out with the creditor there.

Once they have a judgement, they can garnish your wages up to 25%.

From what it sounds like to me though, it seems that the judge will only decide if you owe or not. The judges in these cases are not there to set up payment arrangements or anything like that, they are there to decide guilt or innocence. The question before the judge would be "Do you legally owe this?" Since you do, your best bet is to try and set up something with them before court.

You said you debt settlement company is going to talk to them, right? They may be able to work something out with them before the court date.

I hope my debt settlement company can do this for me before it comes to a court hearing. Perhaps I am jumping the gun before I should jump.

Thank you so much.

Linda,

If you don't go to court, then they will by default. I was only sharing our personal experience with you. I have not been in debt settlement for several months. They were just not doing thier jobs but I've been able to pay off all three credit cards that were in the program on my own. The loan I had in there is now paid ahead and they were willing to work with me. As we are told when we enter into debt settlement, there is a possibility of a law suit. I remember you stating awhile ago they had settled a different debt so let them do their jobs right now. I would wait to hear back from them at the end of the week and this may help you better answer your summons. In the meantime, Goudah has given you some good advice so take a breather!