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Respoonding to a summons
I was just served with a summons from one of my creditors. I know have 21 days to respond and contest this. Does anyone have a template how to do this, of what and how I should respond? If I wait until the court date and get the judgement against me... will a bankruptcy save me from the judgement? Should I wait and go to court and take the chance that they (my creditors) are bluffing? I don't even know if these are my original creditors or if they bought it from them. I am very concerned and would appreciate any input. Thanks
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Im not an expert in anyway. I would try to avoid the bankruptcy. It don't matter if the loan was sold to another creditor or not they still can collect.
You should have a complaint attached to the summons. The complaint is what you need to answer. When answering the complaint just write down each # and write out an answer for each # listed on the complaint. Then file a copy with the court and send a copy to the attorney of the creditor. Make sure you call the court and get a court date to appear with the creditor. If you don't show up its an automatic default judgement. Which means the creditor gets what they requested. Good Luck |
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First... find out your SOL. Is it expired? If so, answer the complaint that the SOL has expired on this debt.
Second... do not ever admit to the debt, require them to prove it. If they do not own the debt, they must have permission of the OC to sue. Call your local courthouse and find out how you need to answer. County clerks are usually very helpful in this case. If it looks as they can prove the debt and you are not outside of SOL... can you settle before court? You do not want a judgment. |
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File Notice with court to defend their actions again you. This will start the process for the hearing.
Then file a discovery request to the attorney for the plaintiff, for proof of their alleged claim. Request a complete accounting of thealleged debt, copy of the original contract you sign, Ask if SOL has expired, etc. If they fail to provide wahat you requeseted, at the hearing, MOve the court to dismiss their unverified claim with prejudice. Stated I cannot admit or deny the alleged claim without proof of one. |
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