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kallyb · May 23, 2007, 01:16 PM

I was served last week from a law firm for an old debt of about $1700. It says if I do not reply within 20 days I will be sent a date to show up in court. What exactly is it that I need to do within this time frame? If I plan to attend my hearing do I just not reply and show up? I dont have an attorney to represent me and am so confused as how to even begin to take care of this. Can I contact the original creditor in hopes they will allow me to now set up a payment plan? I cannot even find a phone number for the law firm that this came from. Any help would be much appreciated. Thanks!

mr.yet · May 23, 2007, 01:18 PM

If You Don't Send Notice Of Intend To Defend, They Will By Default Obtain A Judgment Against You. If That Happens, They Can Attach Your Wages And Or Banking Accounts.

HOW OLD IS THE ALLEGED DEBT, IS IT YOURS, HAS IT BEEN VERIFIED.

kallyb · May 24, 2007, 08:21 AM

Thanks for answering! The debt is only about 1.5 years old and yes, it is mine. So I must reply to the papers I was served? Do I do this by going to small claims? I planned on filing for bankruptcy anyway so is it even worth it to begin paying on this while saving the money to pay my bankruptcy lawyer?

kallyb · May 24, 2007, 10:41 AM

... follow-up - I called the law office to see if they would be willing to accept any type of payment to keep this out of the court and they said "any payment option from here on out would be null and void." OK. Well at least I tried. Going to submit my Appearance and Answer Form, but do I choose admit or deny?

mr.yet · May 24, 2007, 10:46 AM

Never admit always deny, they have to prove it, not you.

Demand to see the original contract you signed, and remember when you go to court for the hearing , if only a attorney shows up, move to dismiss, the court will lack jurisdiction. You have the right to cross examine the plaintiff and attorney cannot testify for their client (Hearsay)

kallyb · May 24, 2007, 10:53 AM

You are helping so much, thanks! The packet of papers I was served contains a COPY of my original agreement and credit application. Gosh I hope I know what to do when I am actually in court without an attorney. I wanted to contact my bankruptcy lawyer, but I haven't paid him my fees for filing yet so figure he wouldn't want to help.

mr.yet · May 24, 2007, 10:55 AM

If only the attorney shows up for the hearing , move to dismiss first thing.

No plaintiff, no case, no original contract, no claim

kallyb · May 24, 2007, 11:40 AM

I have also heard that in a lot of cases the attorney or plaintiff won't show and I should again move to dismiss? Is this right? Should I have written letters for both situations prior to showing up for court? : )

mr.yet · May 24, 2007, 11:50 AM

Yes, Move to court to dismiss with prejudice if neither show. Not a postpondment, dismiss

LadyB · May 24, 2007, 12:47 PM

Do most companies actually show up for such small debts? Seems like it would cost more to go to court than the debt collected in this case. I never heard of anyone actually getting a real court date... just lots of stories about scare tactics, like having you "served".

Anyway if you are in bankruptcy, your attorney should be able to contact the debt holder. Worst case scenario, you go to court and state you are in the process of bankruptcy.

kallyb · May 24, 2007, 03:54 PM

I was wondering why I got served so quickly (even though it was a year) on such a small amount... including all the fees and such it is only aroiund $1500. I have heard different things to do. I am in the process of filing, but I cannot actually use that to get out of this since I have not yet paid my retainer fees. Guess I am going to answer to the papers and hope to not go to trial and like you said, if I do then can say that is the route I am going to have to go. Thanks for all your help!

Cajun1941 · Aug 24, 2008, 08:38 PM

Originally Posted by LadyB

Do most companies actually show up for such small debts? Seems like it would cost more to go to court than the debt collected in this case. I never heard of anyone actually getting a real court date...just lots of stories about scare tactics, like having you "served".

Anyway if you are in bankruptcy, your attorney should be able to contact the debt holder. Worst case scenario, you go to court and state you are in the process of bankruptcy.

Just wanted to say that I received a summons for a SOL credit card. Answered the complaint and not even 2 weeks later I received a court date for a trial not some sort of pretrial. So anything can happen. Good luck.

JudyKayTee · Aug 25, 2008, 07:35 AM

Originally Posted by Cajun1941

Just wanted to say that I received a summons for a SOL credit card. Answered the complaint and not even 2 weeks later I received a court date for a trial not some sort of pretrial. So anything can happen. Good luck.

This is a May 2007 post - should be closed down