I received a summons and am required to file an answer in writing. Is there a special form that I need or do I just write a formal letter? Also... do I have to pay the amount that they are asking? (Way more than I can afford and also, I feel that it is a ridiculous amount it is way more than what I originally owe) I also called the agency and they refused to negotiate. What do I do from here? The amount owed is approximately 600.00, but they were 1200.00 (I'm assuming court costs and such)

Is there anything I can use in my defense since I am a single mother of two children and I can barely pay my rent and utility costs... Any suggestioins you have would be extremely helpful!

I am sure that others will have their adivice on this.

My advice would be to call a legal aid office to see about getting some legal help and representation for little or no cost. Also, I would recommend not speaking with anyone concerning this unless you have a witness present, either on the other phone line or in person with you. Document everything - phone calls, correspondence, etc. - times, dates, everything that is said or done. Cover the bases and then present what you have to an attorney who will help you.

Those are my suggestions, anyway.

It would help in knowing where you live in order to give you more helpful advice.

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Originally Posted by iconworker

Is there anything I can use in my defense since I am a single mother of two children and I can barely pay my rent and utility costs....Any suggestioins you have would be extremely helpful!!

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Hello icon:

Nahhh. The fact that you can't pay isn't a defense for NOT paying. IF you owe it, they're going to win. And, they're even going to win more than $1,200. Then with a judgment, they'll garnish your wages and seize your bank accounts. I don't think you want them to do that.

However, I don't believe they refuse to negotiate. They want their money. Maybe they refuse to negotiate a deal YOU want... Well, now that you know the parameters, you might want to call them up again.

excon

THanks for your replys and to answer them..

First I live in Utah and I was also wondering can they sue you for damages and principal as well?

I contacted the law office and the lady who answered said that no one would speak with me... just her and the paralegal and she asked if I would like to set something up to garnish my wages. I asked if amount owed could be lowered she said no and that I would probably pay more if I go to court... THey want interests, lawyer fees, courts costs, principal and damages and any other amount that the court should see fit.

I am going to answer the summons but will wait to contact a lawyer once the complaint is filed...

Quote:

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Originally Posted by iconworker

THanks for your replys and to answer them..

first I live in Utah and I was also wondering can they sue you for damages and principal as well?

I contacted the law office and the lady who answered said that no one would speak with me...just her and the paralegal and she asked if I would like to set something up to garnish my wages. I asked if amount owed could be lowered she said no and that I would probably pay more if I go to court....THey want interests, lawyer fees, courts costs, principal and damages and any other amount that the court should see fit.

I am going to answer the summons but will wait to contact a lawyer once the complaint is filed....

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File notice of Intend to Defend NOW, if you don't they will obtain default judgment against yo, than all deals are off.

Icon when you send your letter it needs to be certified. Then you will need to take a copy of the letter you sent to the clerk. I this should be within 30 days of receiving your summons.

A formal letter should suffice. You may also want to fill out a financial affidavit. This is a standard form and should be available on-line. When you write the letter, be sure to mention that they were unwilling to negotiate a settlement with you.