Ask Me Help Desk - Blah, blah, blah, creditor sueing me what next?

Quote:

Originally Posted by noontwelve

have been working with American Debt Foundation. I am doing Debt Settlement. I am trying to build enough of a "pot" of money so they can neg. with the creditors, but, it has been hard because at times the monthy payment hasnt always been there from me. I am like everyone else in the Economy from Hades. Anyway to make a long story short. Here is what I faxed over to my Debt Program and they are (hopefully) going to "investigate" if you will~~. Anyway, I just got a Summons that begins "int he districtist court of ______, Ks.....the creditor is Capital One Bank. Petition Pursuant to K.S>A. chapter 61...you hare hereby notified that an action commentce against you will be on the Courts docket at 9 am on the 5th of Feb. 09. blah blah blah...you must file an answer with the clerk of this fourt within then day therreafter. if you are not represented by an attorney, the answer shall be signed by you the answer shall state the follwiing l
Wha is the dispute, any affirmative defenses you have to this claim. any claim you have agianst the plaintiff which arises out of the trasaction or occurrence whcih is the subject of the plaintiffs claim and your or your attorneys current address, phjone number..etc..

The paper is what is called a "return on service of summons...
what do I do? i faxed everything to my debt thing. I know I will keep up on them to make sure they did something?? or do I?

I have an affidavit to.

the lawyers for cap one is Kramer and Frank.

I am stressed out. what can happen? can my debt company settle with them? which they say cap one doesnt, but,? they might be able to do at 90% and or I can make paymts to cap one. Life SUCKS. I have more credit cards that are in collections right now and so does my husband. so many life's events happened and we got behind. any suggetions, comments, cristisism, advice would be welcomed. thanks~
noontwelve:eek:

I can't tell if this is a legitimate summons but it appears to be. No one HAS to deal with a credit consolidation company. Any creditor can opt out, not participate in the first place, get a Judgment against you. Cap One (if they were contacted) I would guess has decided to get a Judgment, perhaps the first Judgment, to guarantee payment - if you don't file in bankruptcy.

Again - no creditor HAS to deal with the debt consolidation company. It is their choice to participate or not participate and they have the absolutely legal right to attempt to collect by any legal means, including seeking a Judgment against you.

Kramer and Frank has a very large debt collection unit - they are not new at all of this.

I trust you researched American Debt Foundation's on line reputation - which is not good.

Do you have a defense to this claim? Is it perhaps out of Statute?