Deputy Sherriff delivered to me a summons 6/20/08 to appear in General Sessions Court 7/9/08.

Papers were filed with the County Clerk 5/27/08 by a Lawfirm for CA, along with the summons was an Affidavit dated 3/17/08 stating I owe $16,897.50

From credit report:

Status: Account charged off/Past due 150 days. $13,221 written off. $14,971 past due as of May 2008.
Status Details: This account is scheduled to continue on record until Nov 2011.

Date Opened:
11/2001 Type:
Revolving
Reported Since:
11/2001 Terms:
NA

Date of Status:
07/2005 Monthly Payment:
$0
Last Reported:
05/2008 Responsibility:
Individual

Credit Limit/Original Amount:
$11,500
High Balance:
$17,549
Recent Balance:
$17,396 as of 05/2008
Recent Payment:
$0

Account History:
Charge Off as of May 2008, Apr 2008, Oct 2007, Jul 2007 to Sep 2007, Jun 2007, May 2007, Apr 2007, Mar 2007, Feb 2007, Jan 2007, Dec 2006, Nov 2006, Oct 2006, Sep 2006, Aug 2006, Jul 2006, Jun 2006, May 2006, Sep 2005, Aug 2005
150 days as of Jul 2005
120 days as of Jun 2005
90 days as of May 2005
60 days as of Apr 2005
30 days as of Mar 2005, Feb 2005

How I got here:

Small business owner of 17 years, down turn in sales went basiclly 2 years with very little income lived on and credit cards emptied savings account, was searching for another job during that whole time.

I now have another job, trying to catch up on all the behind bills secured first and making headway, still have not replenished savings.

I have a Validation letter and Creditor Disclosure Statement prepared, do I send these to the law firm or CA or both ? And do I even have enough time before court to do that and expect a response ?

Would really like to not go to court but date is basiclly here.

Would like any advice,

Thanks from Tennessee

Yup, you shoul include a request for validation in your response to the summons filed whit the court, also send it to the law firm, SOL in your state is 6 years and you DOFD was Nov 2004 so the debt still inside SOL, no absulute defense in there, the payment history must be erroneus (30 days Mar 2005)... more detailed info about what to do in this cases in


Is There a Lawyer in the House - The Credit Info Center Forums



Unless they drop the suit after your request for validation you must go to court, if you don't show up they'll have a judgment by defect against you.


Carl.-

Yep, you can forget about not going to court. If you don't a default judgement will be entered against you. They are not going to stop the suit unless you are able to pay an agreed upon amount in fuill.

But you first need to send an answer to the court stating your intention to defend. You then send a copy of that with your request for validation to the plaintiff. You can state in that letter that, if they can allidate the debt, you would be willing to discuss a settlement.

The fact that the debt was charged off has nothing to do with you. If you borrowed the money you need to pay it back.

Thanks for the replies,

The summons says nothing about responding in writing, just to appear before General Sessions Court 7/9/08.

Never been through this before, so what do I need to say in this response to the summons and it should be sent to the couny clerk ?

I would check with the clerk first and see if any response is necessary. If the summons didn't specify to respond you may not have to.

Quote:

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Originally Posted by ScottGem

I would check with the clerk first and see if any response is necessary. If the summons didn't specify to respond you may not have to.

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Will call Clerk tomorrow, Court date just a week away :eek:

Thanks,