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-   -   How to answer a summons from a debt collector (https://www.askmehelpdesk.com/showthread.php?t=404982)

  • Oct 11, 2009, 06:52 PM
    Judy2009
    How to answer a summons from a debt collector

    That leads to another question: how exactly does one 'answer' a civil summons of this kind? My situation is probably the same as drsimmons, so I'm wondering what kind of protocol or forms are involved in answering a summons, and who the answer should be sent to?
  • Oct 11, 2009, 06:54 PM
    ScottGem

    First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.

    There are dozens of threads in this forum as well as the Credit and Small claims forums that discuss what you should do. I strongly suggest you browse around and get an education. Then, if you have any specific questions feel free to ask.
  • Oct 12, 2009, 07:36 PM
    DisabledinMD

    It's called a "Notice of Intent to Defend" or "Notice of Appearance" and you usually have to have it returned to the courthouse by the date on the summons. A form for that may be attached to the summons, or you may send in a separate one, or do both (I did both). As ScottGem said, search the forums for examples and procedures, as this is a common question posted here. In fact, many of your questions in general, have most likely already been answered. I found many answers to mine, and really didn't have to post much regarding specifics.

    When filling this notice, you need to answer their claims with defenses. Examples of "answers" have been posted by mr yet and others. In addition, you can also provide "affirmative defenses" . Answers and notices should be sent to court and plaintiff and copies retained by you, the defendant. Send certified mail, return receipt requested. A "Certificate of Service" should be sent to plaintiff (notarized), and a copy sent to court clerk (check court rules to see if it needs to be notarized, most don't), and make copy of the one you notarized and sent to plaintiff, for your own records. Your state should have a website for the court, where you can find specific court rules, plus forms you might need. You can also ask the court clerk for assistance. You also should look up your state's rules for court procedures, and for debt collections.

    Depending on specifics, there may be other things you should do. Such as file an exemption for income and assets that are exempt from garnishment/seizure, if you have anything that could be taken in event of a judgment from plaintiff. And if you haven't already, you can request validation of the debt, if you question the amount, or whether it's yours, or whether JDB is the proper entity to collect. If you acknowledge it's yours, you may want to work out a settlement with the collection agency. Each of these different steps have been spelled out in previous threads.

    If you are planning to represent yourself as Pro Se Litigant in a civil hearing, it is imperative that you take the time to read the forums, including the sticky threads at the top. Read about others cases, what you should, and should not, do. Read all the federal and state laws regarding debt collections and court proceedings. If you go into this, without a great deal of preparation, you are not going to succeed. Remember: Knowledge is power. Once you have found answers to general questions, forum members can assist with specifics. All of the terms I put in quotations ("-"), can be c&p'd into the forum search box for examples, procedures and templates. If this seems too overwhelming, or the amount is a considerably large sum, consider hiring an attorney. Forum members cannot give legal advice, per se, but they can guide you into making legal decisions for yourself, and assist you on proper legal procedures.

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