nomoneyDave
May 17, 2011, 11:38 AM
I have read some of the questions others have posted as they relate to summons, but I still have some questions.
First, my wife got in serious troubles overusing credit cards years ago. I helped by paying the majority of total debt. At that time we agreed that any future debts, she would have to deal with them on her own for I do not plan supporting her bad spending habits.
Last year I learned she was in trouble again with 2 credit cards. She managed to settle one. To my surprise, her experience settling the debt was very pleasant with this particular creditor. She borrowed money from a relative to settle the debt.
The second debtor was not willing to settle. They finally sold the debt to a collection agency. The collection agency added fees on top of what she owed and would not want to agree on an amount my wife could pay. The debt now appears to belong to a law firm. They claim they are representing themselves. My wife called the law firm when she first got a letter from them. They had no intentions to negotiate, but only to collect. The original debt is now doubled.
Yesterday she got a court summons. She understands she has to submit a response to the court and a copy to the plaintiff.
Question 1: Does the plaintiff have the right to request payment on more than double that was owed originally?
Question 2: Do I (the husband) have any liability in all of this?
Question 3: She and I cannot afford a lawyer. How should she proceed?
Thanks
First, my wife got in serious troubles overusing credit cards years ago. I helped by paying the majority of total debt. At that time we agreed that any future debts, she would have to deal with them on her own for I do not plan supporting her bad spending habits.
Last year I learned she was in trouble again with 2 credit cards. She managed to settle one. To my surprise, her experience settling the debt was very pleasant with this particular creditor. She borrowed money from a relative to settle the debt.
The second debtor was not willing to settle. They finally sold the debt to a collection agency. The collection agency added fees on top of what she owed and would not want to agree on an amount my wife could pay. The debt now appears to belong to a law firm. They claim they are representing themselves. My wife called the law firm when she first got a letter from them. They had no intentions to negotiate, but only to collect. The original debt is now doubled.
Yesterday she got a court summons. She understands she has to submit a response to the court and a copy to the plaintiff.
Question 1: Does the plaintiff have the right to request payment on more than double that was owed originally?
Question 2: Do I (the husband) have any liability in all of this?
Question 3: She and I cannot afford a lawyer. How should she proceed?
Thanks