I recently received a summons for a credit debt. I have 20 days to respond. My question is how do I respond? I do not know where to begin. I was looking at Mr.Yet's sticky on notice of intend to defend but is that what I need?

Other problems are I do not remember how long ago this debt was put into collections it seems like it was a long time ago but the summons does not state the date.

And, the amount they are seeking is roughly 75% more than the initial loan.

I'm sorry if I am not much more clear on this. I've been searching the internet over 5 hours today for some answers or at least an example response letter and could not find any.

Let me know if you need more information.

Vinny
Florida

I don't know what kind of agreement you had but the Statute in Florida is: oral agreements - 4 years; promissory (written) agreements - 5 years; open agreements (charges), oral - 4 years; open agreements (charges), written - 5 years. Is the debt within the statute?

Not unusual for the amount to be that high - interest, costs, expenses are all added in... and they add up fast.

Before you respond and/or protest you have to have grounds - what grounds are you planning to use?

Well when the debt went into collection's, I received a phone call from the collectors asking me to pay, I explained to them my hardship and that at that time I could not pay, that was probably the only call I have gotten from them which was about three years ago. However I know that it has been in collection far longer than that when they used to send me letters.

I do not want to dispute that I owe the initial debt. I do want to dispute that the debt is 75% greater than the original. I also cannot afford to pay this off fully. And if I could make a payment plan it would be very small. Since I already have child support deductions coming out of my paycheck.

I guess I'm kind of lost at what the correct steps I need to take are.

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Originally Posted by DmVinny

Well when the debt went into collection's, I received a phone call from the collectors asking me to pay, I explained to them my hardship and that at that time I could not pay, that was probably the only call I have gotten from them which was about three years ago. However I know that it has been in collection far longer than that when they used to send me letters.

I do not want to dispute that I owe the initial debt. I do want to dispute that the debt is 75% greater than the original. I also cannot afford to pay this off fully. And if I could make a payment plan it would be very small. Since I already have child support deductions coming out of my paycheck.

I guess I'm kinda lost at what the correct steps I need to take are.

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First you need a defense and inability to pay is not a defense - for example, it's been more than 4 years since there was an activity on the account (a payment, a charge) and so the debt is out of Statute. Phone calls don't extend the Statute so it doesn't matter when they last called. If they called 3 years ago and you explained you didn't have the money to pay this they probably are tired of waiting and are moving before the Statute expires. With any kind of luck it's already expired. What do the papers say, if anything?

Not wanting to pay total interest and fees is not a defense - interest has apparently been piling on for at least 3 years, and it adds up fast. If this is some sort of credit card or loan there is specific language which entitles the creditor to collect legal fees if the account goes to collection.

They don't have to make a payment plan with you - once they get a Judgment they can collect what is due them in any legal manner. They can lien against your bank account or seize it, garnishee your wages.

The forms at the top of this thread are what you need to respond - and you must respond promptly or your time will run out.

No problem giving you more specific help but I'm not sure what you need or want.

Thank you, basically I need to find out when this debt was actually put into collections so I can determine if it exceeded the statue. As well as how I would respond to the courts and plaintiff.

Judy is dead-on... and know that just because its past the statute of limitations in Florida, it doenst mean that a judgment will not be granted, if you are not there to say otherwise.

My best advice (and NO, I do NOT work for these people) go to Legal Advice Line they will prepare the correct response document for you for like $60. Really good, cheap, legal advice for just about anything, anywhere! A great resource (no, I REALLY don't work for them, I promise) :D

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Originally Posted by DmVinny

Thank you, basically I need to find out when this debt was actually put into collections so I can determine if it exceeded the statue. As well as how I would respond to the courts and plaintiff.

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Remember, the statute time frame starts from the DATE OF LAST ACTIVITY (the last payment to the account or charge to the account)... not when it was sent to collections.

Well than I believe that stutue has expired because I am 99% sure I have not made a payment in over 5 years.

I will look into that website you mentioned. But just in case that does not help. If I decide myself to respond should I respond with both a Notice to Intend to Defend, as well as a Motion for Discovery to find out if the statue did expire?

Hmmm.. that's a good question. I suppose it can't hurt to file both even though your only defense is that it is past the SOL.

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Originally Posted by DmVinny

Thank you, basically I need to find out when this debt was actually put into collections so I can determine if it exceeded the statue. As well as how I would respond to the courts and plaintiff.

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You will have to re-read what I said - when the debt was put into collection has nothing to do with the Statute. The Statute runs from the last ACTIVITY on the account - a payment, a charge. Phone calls, attempts to collect, things of that nature do not extend the Statute. If your last charge (I don't know what type of account this is) or payment are more than 4 years (take a look at the time frames I posted) PRIOR to filing the lawsuit with the Court it is out of Statute.

For example, this was filed with the Court on April 1, 2008. Your last payment (or charge) on the account was March 30, 2004 - it is out of the 4 year Statute.

It was filed April 1, 2008; your last payment (or charge) was April 2, 2004 - it is within the 4 year Statute.

I absolutely agree with DrJ - I am not familiar with the site he posted, know nothing about it but you seem lost here and I wouldn't take a chance at making a mistake. You can read the forms that are posted and fill in the blanks OR retain an Attorney OR at least get the advice of an Attorney on how to proceed.

If you do nothing there is a very good chance the creditor will take a Judgment against you because you won't be there to explain it's out of Statute, it's not your debt, whatever your defense is.

Keep in mind - inability to pay is not a defense, thinking the total amount is unreasonable is not a defense (if it is within your State's laws and in accordance with your contract/agreement).

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Originally Posted by JudyKayTee

You will have to re-read what I said - when the debt was put into collection has nothing to do with the Statute. The Statute runs from the last ACTIVITY on the account - a payment, a charge. Phone calls, attempts to collect, things of that nature do not extend the Statute. If your last charge (I don't know what type of account this is) or payment are more than 4 years (take a look at the time frames I posted) PRIOR to filing the lawsuit with the Court it is out of Statute.

For example, this was filed with the Court on April 1, 2008. Your last payment (or charge) on the account was March 30, 2004 - it is out of the 4 year Statute.

It was filed April 1, 2008; your last payment (or charge) was April 2, 2004 - it is within the 4 year Statute.

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Ok understood. According to this summons they contacted the National Arbitration Forum on November of 2007 in which the NAF awarded in favor of the claimant. So I am assuming this is the day this was filed or do I go by the day the summons was filed which is April 24, 2008.

I am sorry if I sound ignorant about this. I'm just trying to figure out how to obtain the information of last payment, as well as respond before the 20 days. Especially if the statue can help me with this situation.

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Originally Posted by DmVinny

Ok understood. According to this summons they contacted the National Arbitration Forum on November of 2007 in which the NAF awarded in favor of the claimant. So I am assuming this is the day this was filed or do I go by the day the summons was filed which is April 24, 2008.

I am sorry if i sound ignorant about this. I'm just trying to figure out how to obtain the information of last payment, as well as respond before the 20 days. Especially if the statue can help me with this situation.

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Now I'm REALLY confused - there has already been an arbitration... and you lost? What was arbitrated?

What were you served with now? A Judgment?

I'm lost here -

The arbitration says they awarded in favor of the claimant for a total amount of $10,215.53

It's a Motion to confirm arbitration award.

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Originally Posted by DmVinny

The arbitration says they awarded in favor of the claimant for a total amount of $10,215.53

Its a Motion to confirm arbitration award.

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Okay, then that is the information you should be researching, how to respond to that document. I thought you were responding to a Summons and Complaint!

They already have been awarded the amount of $10,215. This is just a motion to confirm that award.

Unusual but not unheard of. There is a lot of case law on this. What State? I see more than a few cases in Pennsylvania.

The creditor must be a big company/bank?

The state is Florida.

The creditor was formely MBNA and now is CACV of Colorado.

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Originally Posted by DmVinny

The state is florida.

The creditor was formely MBNA and now is CACV of Colorado.

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This could go on forever BUT were you served with notice of the Arbitration Hearing - if not your argument is that you were not noticed, could not appear because you were unaware.

Good question. I do not remember, however it's possible. I'm just trying to reply to it before the 20 days, so I can at least prolong it or do something about it.

Bump..

Just bumping this thread. If anyone has any advise on how-to answer this arbitration summons I would greatly appreciate it. I have 14 more days to answer this.

Thanks in advance.

OK - here's how this has gone down:

You posted that you were served with a Summons for a credit debt, what should you do; I responded with an explanation of the Statute of Limitations and asked the grounds on which you intend to defend; you said your grounds are that the present debt is 75% more than the original debt, you can't afford the “new” amount, you can only make small payments, you pay child support; I again asked your defense - these are not defenses - and explained interest and legal fees; you said you needed to know when it was put into collectio.

DrJizzle responded that you seem confused and should go to the Legal Advice Line before you are out of time; DrJizzle then posted again, explaining the Statute; GV agreed with DrJizzle; you responded that you are 99% sure it is out of statute “because you haven't made a payment in 5 years” and would look at the website but should you file a Notice to Intent to Defend AND a Motion for Discovery; DrJizzle said file both although your only defense seems to be the Statute; I agreed and repeated everything I had said up to that point.

You then posted that this was not a Summons for a credit card debt - it refers to an NAF award against you; I said I was confused - the NAF already decided against you; you said, yes, in fact the papers says that the claimant was awarded a total of $10,215.53 and it's not a Summons, it's a (Notice of) Motion. I responded that this a motion confirming the award/Judgment and what State; you responded Florida; I said that this discussion could go on forever but your argument would be that you were never served with a Notice of Arbitration and had no chance to defend.

You said you don't remember being served but maybe you were and what should you do now?

Now you're back with advice on what to do.

You have no idea what you are doing, you are walking on top of a land mine, you need legal advice. You started not even knowing what papers were served on you.

Take DrJizzle's advice and pay an Attorney. Honestly, I'm burned out here.

Ok, thanks anyway.

I didn't see the arbitration letter in the middle of the papers sorry.

I'll just try my best to type something out since I am unable to afford legal fees.

If you get a summons, answer it!
Write a letter, take it to the Court or Judge assigned to the Summons and officially File it. DO Not Answer to the Plaintiff!
Only admit to the possibility of owing a balance. Do not put any dollar amounts or anthing else in writing. Do not admit to anything in writing you do not want to become evidence.
Just answer the Summons through the Court in the time allowed.
Next, hire a local attorney to help you out.
Pick one close to the court house, he is likely friends with the Judge.
Most collection agencies think you are stupid but if you Just ANSWER They will not get a Judgement! Not letting them get a Judgement is the Most important thing you can do for yourself.

Thank you. I do want to write a letter, I just do not know how to word it. =(

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Originally Posted by justanswerit

If you get a summons, answer it!
Write a letter, take it to the Court or Judge assigned to the Summons and officially File it. DO Not Answer to the Plaintiff!
Only admit to the possibility of owing a balance. Do not put any dollar amounts or anthing else in writing. Do not admit to anything in writing you do not want to become evidence.
Just answer the Summons through the Court in the time allowed.
Next, hire a local attorney to help you out.
Pick one close to the court house, he is likely friends with the Judge.
Most collection agencies think you are stupid but if you Just ANSWER They will not get a Judgement! Not letting them get a Judgement is the Most important thing you can do for yourself.

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You can't just serve a copy on the Court Clerk - you have to serve a copy on the Plaintiff's Attorney so they can respond.

Never heard the "close to Courthouse" theory before. Interesting at best.

You have gotten good advice before justanswerit despite the confusing nature of your problem. Apparently you haven't taken that advice and consulted an attorney.

It seems you were ordered to go to an arbitration hearing and didn't so an award was made. It sounds like what you got was a notice of this award, not a summons. There may not be any need to answer it as it may just be a notice informing you the award was made and you owe the money.

Your only recourse here seems to be to fight the award on the grounds that you were not informed of the arbitration hearing. But somehow, I doubt that is true, since they seemed to be able to find you OK to send you the notice of the award.

If you think you have a case for non service, then get an attorney to fight it.

Understood. But they do wish for me to respond within 20 days, so I am thinking possibly I might have a chance either to determine how this will be settled, or maybe to beat it. So I just need to know how or what to write to them.

What EXACTLY does the summons say?

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Originally Posted by ScottGem

What EXACTLY does the summons say?

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Don't know how helpful this is but it's not a Summons (from what I can tell) - the Attorney for the creditor has made a Motion to Confirm an Arbitration Award.

The Summons/Complaint days are long gone here -

Good Point Judy.

OK what does the Notice say? What exact instructions does it give?

Ok the notice says;

A lawsuit has been filed against you. You have 20 calendar days after this summons is served on you to file a written response to the attached complaint with the clerk of court. A phone call will not protect you. Your written response including case number given above and the names of the parties, must be filed if you want the court to hear your side of the case. If you do not file your response on time, you may lose the case, and your wages, money, and property may thereafter be taken without further warning from the court. There are other legal requirements.

If you choose to file a written response yourself, at the same time you file your written response to the court you must mail or take a copy of your written respons to the "Plaintiff/Plaintiff's Attorney" named below.

COMPLAINT: MOTION TO CONFIRM ARBITRATION AWARD

etc.

This really doesn't make sense. The verbiage is telling you that a suit has been filed and you need to answer it or a default judgement will be entered. But I don't understand the Arbitration award issue.

So you do have to file a response. Just keep it simple and just state that you Intend to Defend against the suit and request a hearing be scheduled. Send a copy to the plaintiff with a request for verification of the debt.

[QUOTE=DmVinny]Ok the notice says;

A lawsuit has been filed against you. You have 20 calendar days after this summons is served on you to file a written response to the attached complaint with the clerk of court. A phone call will not protect you. Your written response including case number given above and the names of the parties, must be filed if you want the court to hear your side of the case. If you do not file your response on time, you may lose the case, and your wages, money, and property may thereafter be taken without further warning from the court. There are other legal requirements.

If you choose to file a written response yourself, at the same time you file your written response to the court you must mail or take a copy of your written response to the "Plaintiff/Plaintiff's Attorney" named below.

COMPLAINT: MOTION TO CONFIRM ARBITRATION AWARD



This makes no (legal) sense - no sense at all. I know you don't want to involve an Attorney but I have never seen a (bare face) summons served with a Motion to Confirm an Arbitatrion Award.

Motions are one things; summonses are another.

I now understand less than I did.

Hi, I just received a motion for summary final judgment on a credit debt I had back in 1999 with MBNA (which sold to CACV of Colorado I guess). I would like to reply to them with a motion to vacate summary final judgment but I do not know where to begin, I cannot afford a lawyer and I believe while I am answering them a little late, I have some valid points.

First I asked them to show proof they own the debt, which they supplied, however this proof is a two page paper that says nothing about my account or my name/etc. All it says is that they bought LOANS from said seller.

Secondly, the amount they are trying to collect BEFORE court/lawyer fees is $10,000+ which is over $7,000 more than the debt.

Third, this debt was back in 1999, it is now 2008 and the SOL in Florida is 4 years.

If anyone can provide me with some sort of sample letter or at least how I should write the response I would be greatly appreciative.

Thank you.

Well, Final Judgment was awarded to the plaintiff, almost 3x the amount I originally owed (damn arbitration). Anyway I still believe this is past SOL and I want to appeal, also I am afraid they will garnish my paychecks will leave me with next to nothing for living since I also pay child support.

How can I appeal? Or workout payment arrangements.

You should have brought up the subject of SOL when the suit was filed. It's a little too late to do much about that now. Seems you have had this problem for some months now so this is not a huge surprise to you. The only surprise to you should have been the amount of money awarded. The judge did find that you owed the debt through the suit and ruled on it. You'll just have to get another job to help with your living expenses. Sorry.

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Originally Posted by DmVinny

Well, Final Judgment was awarded to the plaintiff, almost 3x the amount I originally owed (damn arbitration). Anyway I still believe this is past SOL and I want to appeal, also I am afraid they will garnish my paychecks will leave me with next to nothing for living since I also pay child support.

How can I appeal? or workout payment arrangements.

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All posts on this subject should be combined - it is difficult to determine what is going on here without past history.

The time to raise a defense (SOL) is at the hearing, not when you lose.

What State and why do you think it's out of Statute? The creditor can use any legal means to collect the debt unless you can come to an agreement which you can both live with. As far as the 3 times the original debt - interest, legal fees, etc. climb very quickly.

I've merged your threads, but I'm confused. Did you not appear at the hearing? Did you not point out to the judge that no documentation of the debt was ever provided? Did you not point out the to judge that SOL had expired?