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Need Help! I was served with a Civil Summons on July 7th, I have 30 days to respond. I am not disputing the debt, I just do not know what to say in the correct format. In my response to the SumMons can I propose a re-payment proposal, also do I just concur in the response to the debt provide the proposal and my Financial Hradship Summary?
You respond by agreeing, denying or having no knowledge. If you want to set up a payment plan, then you must contact the Attorney and make that offer BUT make sure you STILL answer the Summons to protect your rights.
I have heard that if you offer a payment plan that is fair and the suing company refuses it, then the judge just might dismiss the case and you might not owe anything.
All you can do is your best.
Ok... I just went through this last month. You should always start by doing research on how debt collection agencies purchase these debts and do an internet search and look up the "fair debt collection practices act". It will tell you exactly what your rights are and what you can do. Sometimes these agencies buy these debts from financial institutions for pennies on the dollar. There are so many tactics these debt collectors utilize that are illegal and you need to know your rights first before making any payment arrangements or declarations.
Most often, if you set up a payment schedule, they will request the entire balance owed. If, however, you have a lump sum, they will take that as the debt being satisfied. They will typically take 60% or even 50% of the original balance... only if you have it and can get it to them within about 4 days.
If you do not have the money and want to settle for less than you owe. Seek legal aid before you call or deal with them. Sometimes it is better to have your day in court than to deal with them one-on-one.
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Originally Posted by SafeHeart
This is a legal thread - we take pride in our correct answers. Some of us are Attorneys, others work in the industry, some do great research.
This answer is 100% incorrect and unfair to the person who asked the question. This advice could get someone into some serious difficulties.
No Judge is going to dismiss the case - and the creditor will not owe - based on an unaccepted payment plan.
I am not an attorney and am only saying what I have heard. Quote me: "I have heard..."Quote:
Originally Posted by JudyKayTee
Quote:
Originally Posted by SafeHeart
This is the "Ask Me Help Desk," not the "I have heard Help Desk." We don't post rumors on the legal boards.
Kindly check out what you have heard before you post it. Maybe people seeking answers verify the source; maybe they do not. At any rate, maybe the person who posted believes you and is out there following your advice.
If you have questions about posting on the legal threads, please ask a moderator for guidance.
wwinkjr,
I had the same thing happen to me here in Ohio. I got an attorney who arranged a payment plan for me and now the debt is paid off. He gave me the option of disputing the debt saying that since it had been sold to a third party, they may not have the proof that I owed the money and might have a chance to win if I fought it.
He filed my answer with the court within 28 days and then bargained with the creditor. If he had not answered within the time frame specified by the court, I would have had to go along with the terms of the creditor.
I wanted to pay it off, so I did and I do not regret paying the attorney, who was inexpensive and he got me a good bargain with repayment terms I could live with.
You will need to contact an attorney who has jurisdiction over your case in order to find out what you rights and obligations are but you must do it within in the time frame the court orders.
Disclaimer: I am not an attorney but am a certified paralegal. I do not and cannot give legal advice but can tell you what happened to me.
Hope that helps!
I have the same problem!! Did you get any answer?Quote:
Originally Posted by wwinkjr
I was served on July 18th 2009, please help me to answer these questions.
Not admitting or denying this allegations.
1. This is an action for damages which does exceed $15,000.00 exclusive of costs, interest and attorney's fee.
2. Defendent(s) owes Paintiff the sum of $30,174.36 plus interest in connection with Defendant(s)'s use of Visa charge card under the Visa credit card plan.
3. Attached hereto as Exibit"A" and "B" are statement of account showing the current balance and a copy of the terns and conditions of the Visa Credit card Plan.
4. Defendent(s) expressly agreed to pay all Plaintiff's costs of collection, including reasonable attorney's fees, incurred by the Plaintiff. Plaintiff alleges that a reasonable attorney's fee in this matter would be a minimum of $1,500.00 and will seek an award of such amount if a default judgement is entered against the Defendent(s). If this matter is contested, Plaintiff intends to seek additional attorney's fees based upon the hours spent, services rendered and other reasonable factors.
5. All conditions precedent to the filing of this complaint have been complied with by the Plaintiff.
NOTICE UNDER FAIR DEBIT COLLECTION PRACTICES ACT
Pursuant to title 15 United States Code Section 1692, Plaintiff is providing the following notice:
a) The amount of the debt is contained in this Complaint,
b) The Creditor to whom the debt is owed is the Plaintiff in this lawsuit:
c) Unless this debt, of any portion thereof, is disputed within thirty days after receipt of this notice, the debt will be assumed to be valid by the Plaintiff:
d) If a consumer notifies the undersigned in writing within the thirty days period that the debt, or any portion thereof, is disputed, the undersigned will obtain verification of the debt and copy of such verification will be mailed to such consumer,
e) Upon a consumer's written request whithin the thirty-day period, the undersigned will provide the consumer with the nane and address of the original creditor, if different from the current creditor.
WHEREFORE, Plaintiff demands judgement against the Defendant(s) MY NAME________ the sum of $ 30,174.36 together with interest, attorney's fee, and court costs.
I would definitely hire an attorney for help with this instead of trying to go it alone. Also, please remember that laws can and often do differ from state to state.
Since I am not a lawyer, I cannot tell you if you have 30 days from July 7 or 30 days from July 18. This is also something you need an attorney's advice for.
Please start your own thread.Quote:
Originally Posted by leispramin34
Posting another question here, allbeit similar, will only confuse things.
I am sorry. I am new so please forgive me
How can I delete that long previous threat?
Quote:
Originally Posted by leispramin34
Don't worry about it - it's a common mistake.
It will be moved to its own thread by a moderator.
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