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Question
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Sep 12, 2007, 06:29 PM
| | New Member | | Join Date: Sep 2007
Posts: 1
| | | I recieved a civil summons stating that I owed $5220.73 to a Financial service that bought a case from a credit card provider. I do agree that I owe the company money, but I do not agree that I owe this amound..The credit card max was only $1500. Is the remainder from interest? This was an account I had 9 years ago. It states I made a payment on the date of 4-18-05, but i dont remember doing so. Should I try and settle for $3,000 offering them $75-$100 per month? This I can pay and would do so to avoid court.
Or should I write a written answer stating I deny this claim and let it go on to court?
Would it be ok to email the plaintiff and ask for a settlement of $3000.00 and make monthly payments of what I stated? or should I write the answer, take it to the court house and then send a copy of what I would do to the plaintiff?
I have been issued a civil summons for a credit card debt of $5,220.73...I do not agree I owe this much, should I fight this? i have an entirely different question listed about that..but I forgot to mention, can my bank account be gotten into without a court order to do so by a judge?
I have a civil summons from circuit court in Kentucky, I cant find a printable answer form ..any advise on where to find one | | | | | | |
Answers
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Sep 13, 2007, 12:14 PM
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#2
| | Bankruptcy & Debt Expert
Join Date: Aug 2005 Location: republic of maryland
Posts: 1,694
| Never admit anything until they validicate the alleged debt, do offer to pay anything.
So company show a payment that they made to bring the SOL to current.
File Notice of Intend to Defend, and they send them a discovery request demand they produce the original contract ,and a complete account of the alleged debt.
9 years must likely the SOL has expired. |
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Sep 14, 2007, 06:44 AM
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#3
| | Expert
Join Date: Aug 2005 Location: On the outside
Posts: 13,246
| Hello steve:
Even if you could find forms on the internet, you wouldn't know how to fill them in. You need a lawyer to do that.
OR, just write a letter to the court denying all the charges and telling them that you will appear. Send a copy to the plaintiff. That'll work. Send 'em certified.
excon |
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Sep 14, 2007, 08:29 AM
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#4
| | | Computer Expert and Renaissance Man
Join Date: Jan 2003 Location: LI, NY - USA
Posts: 33,646
Pay to call ScottGem for advice ($.75/min) | if you give us more details the case and the summons we may be able to advise how to answer. |
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Sep 14, 2007, 03:01 PM
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#5
| | Junior Member
Join Date: Sep 2007 Location: Richmond, Virginia
Posts: 58
| call the court. |
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Sep 14, 2007, 07:04 PM
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#6
| | | Computer Expert and Renaissance Man
Join Date: Jan 2003 Location: LI, NY - USA
Posts: 33,646
Pay to call ScottGem for advice ($.75/min) | Its not a good idea to post multiple questions on the same issue. So I've merged them.
Yes, it would be easy for a $1500 debt to balloon to over $5K with interest over 9 years.
You can offer a settlement like that, but its unlikely they will accept installments If you are going to pay over time, they will want more.
So your best bet at this point is respond to the summons with your intent to Defend. If the summons doesn't have a place to answer like that then just type a letter and send it with a copy of the summons. Then send copies to the plaintiff requesting verification of the debt, payment history etc. You may have Statute of Limitations grounds if that 2005 pmt was not made. |
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