Hi there,

I had a question. I have a summons to reply to a debt I'm being sued for. I am supposed to reply in the next 20 days. I don't really know how to reply, what to say, or what to do. It's a dental debt, and they are also trying to sue me for an extra $325. And also my ex's name is on the summons, saying that he is on the account. I called a few months ago and removed his name from the account, being as I never permitted them to add it. The only reason they even KNEW his name was because I was on his health insurance. Will any of this effect him/his credit? PLEASE HELP ME!!!

Fr_Chuck

If this was being billed though his insurance and the debt was made back then ( plus was the debt made when you were still together )
But when they sue, it will include court costs, legal fees, fee for service and more. In fact I am surprised it is just 325.

If the court allows him to stay listed on the law suit ( he will need to be notified) but if the judge allows him to stay listed as a party to this, they can even force him to pay and it will effect his credit also.

ChihuahuaMomma

Yes, the debt was made when we were still together. I was still on his insurance. They did not have permission to add him to my account, and were supposed to remove his name and never did.

What am I supposed to do? I've never been sued before, this is scary.

Fr_Chuck

why scared, you can't go to jail, the worst thing that will happen is they will order you to pay the debt plus all the added court costs. If you don't pay they may ( if your state allows) garnish your paycheck or they may freeze your bank accounts.

So you may want to make sure if your have a paycheck it is not direct deposited into a bank and you don't keep any money in the bank.

But best bet, get hold of them and work out a payment plan before you go to court, but any agreement has to be in writing

ChihuahuaMomma

I have MANDATORY direct deposit and it is legal here. Ugh.

Fr_Chuck

That is most likely what they will do,
they will freeze and take every penny in your bank account, and then they will keep taking all the money from each direct deposit till the entire debt is paid.

I would be putting as much cash out of that account "under the mattress" now, stop writing checks, and taking the money out the same day it goes in.
And look at how not to have a direct deposit

ChihuahuaMomma

I can't not have a direct deposit. It's mandatory.

That's great. So, that means that they're just gonna take my whole next check. It's only $500 plus whatever fees.

Fr_Chuck

not next check most likely, first they can't do anything before court, and then it may be even a month or two after court that they get it filed and have the bank served

Of course they may just garnish your pay, and serve your work place with notice.

ChihuahuaMomma

So, my best bet would be to contact the company before the 20 days and arrange a payment plan??

ScottGem

You've been here long enough to know this is an often discussed issue. There are loads of threads in this forum as well as others dealing with debt that tell you what you should do.