Summons to respond?

[WhereToTurn]

We were served a summons to respond from portfolio recovery, something or another (sorry hubby left paper at work ) It gives us 20 days to respond. I see it on the clerk of courts site but there's no court date. The paper said they will get a judgement in 20 days if we don't respond. Can they do that without a courtdate or anything??? Also are we supposed to respond to their attorney? The courts?

Basically we are trying to stall so we can get our tax refund and file bankruptcy. Any advice would be appreciated!

[AngelinaCat]

First, get hubby to bring the paper home, and type in exactly the terms that is on that paper. Most likely your dates are there. That will help the members to answer. Thanks.

[WhereToTurn]

Thank you for your response! Hubby will bring that home tomorrow or maybe he can email it to me, so I can get back here quicker! Thanks again for responding, I appreciate that.

[frogger]

A "summons" from portfolio recovery would probably be a collection tactic. But as Angelinacat states above, get it in hand and give us the exact wording.

[WhereToTurn]

IN THE DISTRICT COURT OF XXXXX COUNTY
STATE OF OKLAHOMA

PORTFOLIO RECOVERY ASSOCIATES
LLC ASSIGNEE OF HSBC BANK NEVADA, N.A. Case Number XX-2011-XXXXXX (stamped ink )

VS XXXXXXX XXXXXXX Judges Name (stamped in ink)
DEFENDANT(S)

SUMMONS
To The below-named Defendants Employment
Name XXXXXXXX
Address XXXXXXX Employment Phone
City State Zip XXXXXX
Home Phone


You have been sued by the above-named plaintiff and you are directed to file a written answer to the attatched petition in the court at the above address within wenty (20) days after service of this summons upon you, exclusive of the day of service. Within the same time a copy of your Answer must be delivered or mailed to the attorney for the Plaintiff.

Unless you answer the petition within the time states a judgement will be rendered agaist you with the cost of action

Issued this 18 day of 1, 11.

________________ Court Clerk (stamped in ink)
(seal)
By ________________ Deputy Clerk Court (signed)


Attorney(s) for Plaintiff(s)
Name XXXXXXXXX
Address XXXXXXXXX
Telephone XXXXXXX

Summons was served on 2-6-11 By _____________ Signature of person serving summons

You may seek he advice of the attorney of any matter connected with this suit or your answer. Such attorney should be consulted immediately so that an answer may be filed within the time stated in the summons.
-------------------------------------------------------------------------------------------
IN THE DISTRICT COURT OF XXXXX COUNTY
STATE OF OKLAHOMA

PORTFOLIO RECOVERY ASSOCIATES
LLC ASSIGNEE OF HSBC BANK NEVADA, N.A. Case Number XX-2011-XXXXXX (stamped ink )

VS XXXXXXX XXXXXXX Judges Name (stamped in ink)
DEFENDANT(S)
District court filed
JAN 18 2011 (stamped in ink)

COMES NOW the Plantiff and for the cause of actions against the Defendant aleeges and states:

1: This is a communication from a debt collector. This communication is n attempt to collect a debt and any information obtainted from this communication will me used for that purpose.
2. Plaintiff is duly and legally organized and is authorized to transact business in the state of Oklahoma.
3. Defenant for valluable consideration received, entered into a contract for credit with HSBC Bank Nevada, N.A. promising to pay the plaintiff's assignor Hsbc Bank Nevada, N.A..
4. Defendant defaulted on the contract, which has been accelerated by its terms, and after all due and the just credits applied and after demand, there remains due, owing and unpaid amount of
$5,XXX.XX.

WHEREFORE, Plaintiff prays for judgement against the Defendant in the sum of $5,XXX.XX with interest at the statutory rate to begin acrruing from the date of Judgement until the judgement is paid in full as authorized by 12 O.S. 727, all court cost reasonable attorneys fee of $9XX.XX and such other and further relief as to this court may seem equitable, just, and proper.

Dated January 8, 2011 Attorneys
Name Address Phone Number

By:____________ (attorney's name)

ATTORNEY'S LIEN CLAIMED




-----------------------------------

Okay hopefully this will help. What do you think my best bet is to respond?? Also there is no address for the court. I can find that out but shouldn't that be some important information to include when they serve a summons???

[WhereToTurn]

sorry I typed it as is on the summons, when I hit enter it didn't post everything as I typed. Such as certain things on the left side of the page and certain things on the right.

[ryan]

Okay hopefully this will help. What do you think my best bet is to respond?? Also there is no address for the court. I can find that out but shouldn't that be some important information to include when they serve a summons???

The actual street address is not shown on Summons Complaints that I have seen. Just the city, and county.

I would answer the complaint, item # by item#, with whatever defenses you may have. For instance, denying amounts owed for lack of knowledge etc. The plaintiff sounds like they are a collection agency, not an original creditor, so they may not be able to produce the documentation. By answering, at least you will probably be able to buy some time and to plan a strategy.

You also have a case #, so go online to the courts website and look up the case. It should display address information and the date and time of your first hearing.

[WhereToTurn]

Thank you for your reply Ryan! I have been checking out the case on the courts website waiting for them to update. They don't even show that we were served yet which was last Sunday. We've had tons of snow over the last few weeks so i'm sure they are behind on updating cases online. I've even been viewing every case that I can find that has Portfolio Recovery Associates as the Plaintiff, it seems like a majority of people who responded had the cases dismissed w/ or w/o prejudice.

I just want to make sure I answer it good enough so the judge does not immediately make a default judgement. I'm not even sure if that can happen if I respond?

Thanks again for your response!

[frogger]

If you don't respond, a default judgment will be issued. If you do respond & go to court, Portfolio Recovery will not have the supporting documents.

They are counting on you NOT to show up. If you do, they will probably want the hearing rescheduled in order that they have time to acquire the supporting documentation.

What most of these type of collection agencies do is the "spray and pray" method, hoping for mostly defaults.

Your mileage may vary.....

[WhereToTurn]

Thank you frogger. We're gonna give it a try and see what happens. Hopefully it will buy us some time if anything! I'm kinda excited now to see how this turns out hehe

[rustymich]

Answer the summons or they will get the default judgement,thats what they want its easy for them if you dont answer it..Must be stamped in the clerks office within 20 days also the plantiffs attorney needs a copy sent to them certifyed mail...On the same date