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nicolez
Jun 1, 2010, 07:48 AM
I received a summons to answer interrogatories in April and go to court tomorrow on the 2 of June. I never received any other documents or questions to answer before or after the summons which was left on my door to appear in court. Within the 30 day time frame I did ask for verification of the debt and also did a sworn denial. I never received any response from their attorney. I was told they didn't have to respond,from another source. This matter is over a Bank of America credit card that I owed $1,400.00 {total balance w/ interest is $10,616.94 ,} but I do not have proof of last payment. On the summons "legal interest due on judgment:rates and beginning dates" 12/29/06. The SOL is 3 yrs. In Virginia. I'm becoming nervous because court is tomorrow and I am representing myself and I don't want to look like a idiot. I was told and also read to tell the Judge, I never received the interrogatories and a motion to dismiss the case because it is outside the SOL. I was also told to get a court reporter(why should I get a court reporter?)On the summons was an old address as well from 3 yrs ago. I guess that is why I didn't receive interrogatories. Can someone please help me on what I should do in court and the correct terms I should use when speaking.

Any help would be greatly appreciated-ty

sharwilliams
Jun 1, 2012, 06:23 PM
Found this answer on line... I hope it helps.. I'm in the same boat
When you receive a summons, always file an answer, which is a document that must be filed in person at the courthouse and a copy sent certified, return receipt to the attorney representing the creditor within the time frame (usally 20 days). If you do not answer the summons, a default judegement is entered and it gives the creditor the right to freeze you bank accounts and garnish your wages, even if the debt is old or incorrect. If it's a collection agency suing you, many times they will drop the lawsuit if you respond because they are just hoping for a default judgement and did not intend on going to court. You have the right to request that they substantiate the debt and if it goes to court you can represent yourself. You can also contact the creditor if it is correct and try to settle before the court date. If the debt is correct and it goes to court and you have a financial hardship, make sure you bring your fianancial records with you. In many cases, the judge will take your situation into account. If you ignore the summons and do not go to court or settle with your creditor, it will be an automatic judgement. Avoid that at all costs.