View Full Version : Summons for credit card
nmiller9
Feb 13, 2008, 01:16 PM
Can someone serve your leasing office with papers to give to you?
Should you call the creditors after you have been summons?
What does file a written answer with the court mean? What should I say?
What do you think will happen If I am a married, both full time students, living in low income housing ?
What is the next step to take?
Please help!! :confused:
ScottGem
Feb 13, 2008, 01:23 PM
The next step is to respond to the summons by sending the court a letter stating your Intent to Defend. You then send a copy of the letter to the plaintiff with a request for verification of the debt and their right to collect it.
These steps are details in the umpteen simialr threads already posted here.
If you wind up losing and they get a judement against you, thjey can garnish your salaries and any assets you have.
Stephieee
Feb 13, 2008, 01:57 PM
They absolutely cannot serve your leasing office. You have to sign personally, otherwise you have not been served. There is something you can file to see if the judge will dismiss your case for improper service... I forget what its called, but don't contact them, otherwise then they really can serve you, the right way. Your leasing office should not have signed for those papers. You need to consult an attorney- you don't want to end up saying anything that may be incriminating. Individuals actually have a lot of rights against collection agencies, and debt collectors are known for using any means necessary, including doing things they know are totally illegal, to get their money. As for the wage garnishment thing, if it did happen, they garnish a certain % of your expendable finances ($ left over after you have paid rent & other bills)... so its not like you'll be homeless. Just broke. This website has a lot of great information: Bud Hibbs Helps America Hold Debt Collectors to the Law! (http://www.budhibbs.com/)
nmiller9
Feb 13, 2008, 02:12 PM
I forgot to say I'm not working right now,does that matter? I will be working work study next semester in April. I was trying to work on my credit so I sent them a dispute letter and they sent me a verification of debt already, just copies of my statements. Can they take money out of my account before we go to court? They didn't but I wanted to know.
I know some people are frustated because people keep asking the same questions, but who do you expect to read all those other threads?Maybe some but not all of them. People just want help so they ask the question they don't think to read every last thread before they ask. If you have to write sarcatically don't answer the question!!
Thanks:eek:
progunr
Feb 13, 2008, 03:02 PM
They cannot take any money from your account prior to winning a judgment in court, unless, you have authorized automatic payments from your account or debit/credit card.
If they get a judgment, then they can levy your account and or personal property to satisfy the debt.