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I was served with a summons on Oct 20 regarding a large credit card debt. I was given 30 days to respond to a PO box about this summons. I typed a letter & sent in it November. I received a letter from the collection agency yesterday stating I never responded to this summons. All I have is a copy of the letter I sent them. I wasnt give any court dates nor was it fully explained to me how this all works. They are now threatening to get the sheriff office to seize exempt valuables to sale to pay this debt. I don't know what to do?
how big of a credit card beit is this...when i had judgments against me ...I had to show up to court to defend them...if you missed court and the judge enterd a judgement you need to find out what that was....if you missed your court date they prolly did that...and now they can garnish wages etc....
Hmm something doesn't make sense. If you receive a summons you should be responding to the court not the collection agency. And that wouldn't be a PO box. Second, since a credit card debt is unsecured, its unlikely that they can seize or attach non cash assets.
So what you need to do is send them a certified letter asking for proof of the debt and proof of a judgement. If they send you proof of the judgement, it will list the court where the judgement was tried. You then go to that court and file a motion to vacate the judgement. This will give you your day on court where you can fight the judgement.
However, if the debt is valid and they can show the original application for credit and proof you didn't pay, then, eventually they will get a judgement which they can use to garnish your salary or seize bank accounts. So you should try to settle with them.
I was served with a summons on Oct 20 regarding a large credit card debt. I was given 30 days to respond to a PO box about this summons. I typed a letter & sent in it November. I received a letter from the collection agency yesterday stating I never responded to this summons. All I have is a copy of the letter I sent them. I wasnt give any court dates nor was it fully explained to me how this all works. They are now threatening to get the sheriff office to seize exempt valuables to sale to pay this debt. I don't know what to do?
Thanks
ScottGem,
Thank you for your response. The PO box was to the Meck Co Courthouse. I received a letter from the collection lawyers. THey say they can order an execution order for the Sheriff to seize property to sale to satisfy the debt. THe sheriff that delivered the summons did not explain anything except that I had 30 day to respond to this PO box address. I am so worried that I am sick!
Thanks for your help
unless the judgement was already entered they can not begin to take your stuff...and also if they go to take your stuff they must get a court order and you will be given a hearing to defend that even at that time...
It sounds to me like the collection agency is using a tactic to get you to settle before court...
callthe court and see when your court date is...if you do not have one yet ask for one so you can defend yourself against this or maybe even set up a payment plan to avoid this...
collection agency's suck and are nt forthcoming and will lie.!
Hmm, That really surprises me that a Courthouse would use a PO box for such mail. But your next stop is at the courthouse to find out if a default judgement was entered and to try to vacate it. Its not the job of the process server to explain anything. Their job is only to deliver.
I must disagree with Lost that they need to obtain a court order. Since they have the judgement it may not be necessary for them to obtain a court order to seize specific items. But again, since this is unsecured debt, personal property is generally exempt from seizure. I would check with the court or the sheriff to see what the law is for your area. Even if they have to obtain a court order, since they already have the judgement, there would be no hearing involved.
Re your PM (I prefer to keep things on the public boards). You will need to petition the court to vacate the judgement claiming that you did send back a letter. You should be able to get a new hearing. But, if they have the proof, it will just delay the inevitable.
I can not speak on the property In VA with the unsecured debit ...they made them get a court order to take the moeny owed. As for property I do not know...They had no porperty to seize that I bought with that card. They wanted the money and in VA even post judgement they had to get the court to garnish. The time frame for this from time of not paying until garnishment was about 3 years.
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