summons

[glc4122]

hello i received summons for a cc in default stage. i had to quit making payments approx 6or 7 months ago. i plan on answering the summons outlined . the lawyer handling the case sent a copy of cc agreement with summons is this enough to get a judgement. is requesting a signed copy of agreement wasting my time in stalling till i file for bk?

[keepmine]

Depending on your states rules of civil procedure, I'd admit to nothing but, my name. File a denial/no recollection response and demand a strict standard of proof. A signed card agreement and a complete accounting of the dollar amount of the suit. Since it's only been 6 months since default, they ought to meet this burden easily but, you may buy yourself a few months.
BTW, you do know judgments can be discharged in bk?

[treehugger1]

This is potentially enough to get a pretrial summary of judgment in some states. I'm not an attorney, but I read about some states that allow summary judgments prior to any trial. Keep answering and fighting any issues set forth by the plaintiff. If someone does get a preliminary judgment, appeal it with a direct letter to the court. Many folks tink there is "exact official protocol" that must be followed in a court of law. These folks have trouble thinking outside of the box, and believe that courts only except infomration in some particualr format. While this may be true, the less-sophisticated citizen is not assumed to "know the rules." What I'm saying is DO SOMETHING! As mentioned, at least "answer" with denial to all but your name. I'm no attorney, but doing nothing solves nothing!

[glc4122]

summons

thanks for the info everyone, im not sure of how to answer but, im thinking of answering with im filing bk, will this stop the plaintiff with proceeding or will it make a faster moving process?

[EveryDayAdam]

it certainly won't help you. Read this: http://www.attorney-in-alabama.com/not-pay-debt.html

It has a lot of useful information on how to answer. I know it's long, but read everything on that page very carefully. It will tell you, step-by-step, how to fight these people in court. You can delay a judgement by a year or more by following those steps. Object to everything. This will give you time to file for BK when you are ready.

[HHM]

To answer your original question, requesting the signed copy probably won't matter that much and is generally not required for the creditor to prove that some debt exists to "xyz" creditor. Where you can make things difficult for the creditor is (1) if the debt is with a collection agency or a debt buyer, making them prove they have the right to collect the debt, (2) getting a full and complete accounting of the amount claimed as owed.

The website posted above is useful. But what is your end game. Are you going to file BK and if so when? If you are going to file BK in the next 2 weeks, you don't need to do anything. If you need to wait 2 months, then you will need to request and FDCPA validation and answer the compliant with a sword affidavit.

[glc4122]

summons

thanks again for the help everyone. as mentioned earlier in the post this debt is mine. a week before i received the summons i sent request to validate debt and the next thing i know i receive the summons certified mail with copy billing statements from dec 2007. if i understand this correct i should file a sworn denial ? even if the debt is mine? one more question would any one have a copy of sworn denial that i could see or website i could look at. if all possible. im new to these problems never been to court my whole life

thanks again

[jp2861]

How do you plan on denying the debt is yours if you're already admitting it is? At best, all you can do is deny the amount.

Your original post says you stopped paying the bills 6 or 7 months ago. When you decided to stop paying these bills what was your plan? Hopefully, you had some plan in mind and didn't just stop paying and wait to see what would happen.

I guess the question one would have is what have you been doing for the last 6 months? Is there a reason why you choose to screw around with being sued rather than simply filing?

As someone already mentioned, you need to have a plan that gives resolution to the debt problem. Reading your posts, it doesn't say what your end result goal is.

[glc4122]

summons

i plan on filing need a few months more to save money for lawyer and if you can't post with some help don't post at all!

[HHM]

i plan on filing need a few months more to save money for lawyer and if you can't post with some help don't post at all!

Hold on...jp raises some fair points...after all, you haven't filled us in on your back story. Now that you have (i.e. planning on filing and trying to save money), all is good.

[glc4122]

summons

saving up the money for a lawyer is a very hard task this day and age. back to my subject of filing a sworn denial, all help would be appreciated or what would be my best answer to the summons that was issued?

[HHM]

The web link above gives a fairly straighfoward description of what you need to do...no one on this forum is in a position to give you a "form" document nor tell you exactly what you need to do.