Was served with a summons for response for a credit card debt what are my rights

Where? In general you have the right to defend yourself.

What is your proof that you do not owe this debt?

In Georgia the credit card is being handled by a collections agency and their attorneys office has issued the summons the debt is for roughly $2300.00 including all the interest and fees

And I'll ask you again - what is your defense?

It's not your debt, they can't prove it's your debt, you paid it and they can't find the record of payment, something else? Is it out of Statute? When was the last time you used the charge (if it's yours) OR when was the last time you made a payment?

I did not know what to do I panicked after being served and called the so called attorney listed on the summons they told me I had 2 choices either settle or pay 25% and then monthly payments for the balance I agreed and they sent me the paperwork to sigh which I have not did I ruin my chances of going to court and disputing this now ? I have until aug 2 to respond I plan on filing a intent to defend in the morning will responding to them hurt me in court ?

Until you sign the papers you have options. They, of course, will argue that you made an arrangement and didn't follow through.

Yes, you answer their papers - what Court? Small Claims?

In order to dispute the claim you have to have GROUNDS to dispute the claim. I have asked you twice what your defense is and you haven't answered me. Without that information there is nothing else anyone on AMHD can do for you.

And yet again, what is your defense? How do you expect us to help you if you won't answer our questions.

If they have proof you agreed to a settlement then it will make it more difficult for you in court.

The summons says it is state court my defence is that I paid but they kept raising my interest rate and adding fees I went from zero to 7.9 to 29.9 % interest that debt that they say I owe is fees and interest

That is not a valid defense. Read the agreement you signed when you got the card. They are within their rights.

You need a defense - you can always ask for copies of their records, a copy of the agreement you signed when you got the card. Hopefully - for you - they can't find it.

Well the first thing I personally would do is not listen to a think Judykaytee was written.

This is not Nazi Germany or Communist Russia – in English law, you have the presumption of innocence, until proven guilty. Your accuser has the burden of proof.

Secondly, this is a threat tactic, so do not get upset, this is what they want. Remember, they are only people using words against you – learn there words & ask questions of everything, never presume/assumed. Their meanings of the words are legalese, so they may be different from what you think they are asking.

I believe a Summons, is just a request to go to court. Not to be confused with subpoena.

Personally I would write this across the front of the Summons and return to the courthouse, to be stamped – all copies.

REFUSED FOR CAUSE WITHOUT DISHONOR
REASON: UNILATERAL MISTAKE
OFFER TO CONTRACT REJECTED
OFFER RETURNED IN FULL
SIGNED... DATE...

(Write this exactly this way - diagonally - from bottom left to top right about half way up the paper - in red ink, BUT sign & date in blue ink.)

Also, place a 3 cent stamp in the top right hand corner and sign & date in blue ink – across the face of the stamp. (This bring the Post Master General into the matter if they do not accept it.)

And write it on both copies and return both copies of the ticket, to the courthouse to be stamped and also include a Notice of Clarification, Discussion and Conditional Acceptance. You want to always set the stage of battle and remove any room for them to manoeuvre.

Try to go to the courthouse , in person – the address should be on the ticket. (Or you can register mail it, but this may create more hassle & COST MONEY.

DO NOT accept the clerks bull**** about you only having (3) options – if she gives you a hassle, ask for her supervisor, and keep going up until it is accepted – manager, department head – all the way to the chief judge.

Always be polite & ask questions -- To the clerk/supervisor/manager/etc.:

“Are you an expert in the interpretation & application of the Rules of Civil Proceedings?” and the answer should be no, but is yes – “Oh you are, great – is that an arbitrary (personal) opinion or is it based upon facts?” “Facts within your knowledge?” “Facts currently in your knowledge?” “Factually speaking, when, where & how did you receive this legal expertise?” “AND of course you can provide me, with the facts as evidence to prove your statements.”

But more likely no – “Oh, so by your own admission, you are not competent to deal with this matter, so then please get me your supervisor?”
DO NOT accept their bull$hit about – you only have these options to follow. Ask a question – 'Is that your legal opinion? Are you a member Bar? Oh you aren't, then you know by law, you are not authorized to practice law, as you are not a member of the Bar? Where is your supervisor & the closest Officer of the Court, so I can report your violation of the law? (On Officers of the Court are bound to report violates of the law, that have been reported to them.)

Send Notices, not letters, as Notices have weight of law.

Deal with the CC Company only, concerning any debt. Do not presume/assumed anything.

Do not consent to anything – even payment of $1.00 a month – it is a trap. Also, deal with everything in written correspondence – through the mail – not Fedex or UPS. If you receive something – even if you opened it – tap it up and write across the front of the letter – accepted & opened by mistake, returned in full – bring it back to Fedex or UPS.

1 - Send a Notice asking for debt validation to the Credit Card Company – CC Company.

2 - Send a Notice asking the lawyer firm's Third Party Intervener Status, as you do not consent to deal with them, as you have no contract with them – the law firm IS NOT the CC Company. Ask for the law firm's signed, valid and verified Power of Attorney or Delegation of Authority, over the CC Company.

3 - If you feel you should respond to the Summons – DO NOT take a position, therefore you will not create a controversy. Do not say you owe. Do not say you do not owe. Stay neutral, place the burden of proof squarely on the CC Company.

State – 'I don't know what this is about. I am not stating, I do or do not owe you money, so please provide all facts as evidence, any witnesses with first-hand personal knowledge, the legal expertise of these witnesses and proof that this created an obligation of performance and/or payment on me? (Place the burden of proof, where it belongs – do not get side tracked.)

They may respond – that they have no obligation to provide you with this info. DO NOT get upset, response – okay, then there most not be an obligation on me to response to your requests. Reflect everything they say or do back at them.

4 - Respond to the Summons – with a Notice.

Example of a Notice:

Notice of Clarification, Discussion and Conditional Acceptance

Notice to Principal, is Notice to Agent; Notice to Agent, is Notice to Principal

I do not plead to courts of contact. Also, I am reserving all my rights not to be bound by any un-revealed contracts.

I am writing to you, to provide peaceful remedy and within honour, to resolve this matter in full.

I am not a lawyer. I do not understand. I do not know what this is all about.

As per, my limited knowledge that on date, you made an allegation, concerning me. You are also alleging that there is an obligation for performance and/or payment, owed by me.

But as I do not fully understand what this is all about and/or what you require, I am communicating with you, in order to remain in honour and provide peaceful remedy. I cannot make any decisions and/or responses, until I have understanding.

If any decisions and/or responses were to be given, they would be done so, erroring on the side of caution, therefore removing all responsibility from me, be it legal, financially or otherwise.

I fully apologize for any inconvenience this may have caused you, but I am full prepared to address any facts as evidence and proof of an obligation owed by me, concerning this matter.
Please answer & provide for the following:

1) What is this all about? Please explain in full.
2) What is a Summons? If it is a suggestion to go to court then I do not consent.
3) Is there evidence of a complaining party? Please provide all facts as evidence and the Wet Blue-ink signature, photograph and finger-prints of the complaining party.
4) What facts as evidence do you have as proof? Please provide in full.
5) Do you have any witnesses with first-hand personal knowledge, over this matter?
6) What is the legal expertise of these witnesses?
7) What, where, when and how did this create an obligation of performance and/or payment on me?
8) What do you expect as a peaceful remedy, to this matter?
9) Is there a proper lawfully contract(s)? Please provide all contracts that apply, which contain two Wet Blue-ink signatures, of which one is mine.
10) Can we come to an accommodating position, without the use of the courts?

**Put whatever other conditions you want in the Notice.

Please respond under full commercial liability, under penalty of perjury and signed, with a Wet Blue-ink signature.

Please respond within TEN (10) DAYS, but if you and/or your principal do not respond within the time outlined, then this will acknowledge the full acceptance of my conditions, as stated above and discharge this matter in full. As your silence will indicate that there are no objections and there most have been a mistake, on both of your's part.

Yours Truly,

Your name
Address

Remember:

1) first - Notice – registered mail
2) second - 2nd Notice – registered mail - reference the first Notice
3) third - Final Notice -- registered mail - reference to both first & second Notices

You can get Notice examples online - cut a paste to meet your needs.

Note: I believe this will resolve this matter, but if not, you can prove you performed your due diligence, through paperwork, that you tried to resolve this matter - in both honour & through peaceful remedy. State to the court to dismiss, with prejudice - as the CC Company did not respond, therefore she has no standing in the court. Also state she is without honour because she did not respond to you or seek remedy -- since you are in court, ask & have the court sanction or fine her for her inappropriate actions.

Marcstevens.net – is a source of info. Also:

http://freedom-school.com/
http://www.myprivateaudio.com/
http://www.famguardian.org/Subjects/Freedom/Freedom.htm
http://sedm.org/Forms/FormIndex.htm

These are my free arbitrary opinions & suggestions - use with caution & perform your own due diligence.

Jason

Well the first thing I personally would do is not listen to a think Judykaytee was written.

This is not Nazi Germany or Communist Russia – in English law, you have the presumption of innocence, until proven guilty. Your accuser has the burden of proof.



Before you go attacking another member here, it would help if you understood the advice that was given and the situation the OP is in. Your comments about Judy's advice were WAY off base and, in fact erroneous.

In most cases where a summons to collect a debt is issued the defendant can respond with a statement that they require verification of the debt. But in this case you missed the fact that the OP acknowledged the debt by offering a settlement. So that took away the ability to deny the debt. Another place where you were wrong is a summons is a notice of a lawsuit. If you ignore a summons or respond incorrectly, then the court awards judgment to the plaintiff by default. Your advice to return the summons "REFUSED" would not be accepted. Putting a 3 cent stamp on it would just mean it would be returned to sender for insufficient postage.

Your advice on how to deal with the court clerks are also way off base. If you ask a clerk in a US court if they are an expert in Civil Proceedings you are likely to get a Yes as an answer. But, in fact, most clerk courts will try to help and you are proposing antagonizing them.

As for dealing only with the CC company, it may be too late for that. The likelihood is that the debt has been sold and the CC company will have nothing more to do with the debt.


The context of your advised letter would be OK, if the OP had not already offered a settlement. Such a letter would be reasonable if the OP had not offered a settlement and made a proper response to the summons. But she didn't. So she needs proper legal grounds to defend against the suit. If she goes to court without them, the plaintiff shows proof of her offer to settle and the judge rules for the plaintiff. It's as simple as that.

Before you start giving legal advice, you need to have a better understanding of the law and you also need to make sure you understand the question.

Sorry - I was being cheeky. Will not happen again.

This is to Judykaytee - for the record, I was not trying to be mean. I has just being a little liberal. Again, I do apologize.

Jason

Thank you Jay, perhaps we all got off to a bad start, shall we try this again,

We actually are interested in some of your ideas, perhaps you can go to the "discussion" area and state some of your feelings or ideas, ( now discussion is more "open" so expect people to not always agree)