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LonnieH33 · Sep 30, 2009, 09:41 AM

What is the best way to answer a court summons. I have typed up a letter, taking the advice from the lady at the courthouse. Basically my situation is that I stareted a credit card account in college and it defaulted around the year 2000. I am now getting a summons that my father signed for because it came to his house and he has the same name. I understand that I accumulated this debt but also would like to get out of paying the 20,000 in interest for all of this time. How should I write the letter and let me know what to say. I know I am going to ask for verification of the debt and their right to collect on it. I also think the SOL is beyond the 5 years in Kentucky.

excon · Sep 30, 2009, 09:47 AM

Hello L:

Go read what mr. yet provided for you, here:

https://www.askmehelpdesk.com/other-...nd-136192.html

excon

LonnieH33 · Sep 30, 2009, 10:11 AM

Originally Posted by excon

Hello L:

Go read what mr. yet provided for you, here:

https://www.askmehelpdesk.com/other-...nd-136192.html

excon

Do I need to send both of these documents to the court and to the plaintiff

excon · Sep 30, 2009, 10:31 AM

Hello again, L

I don't know. I only referred you the documents you requested... Here's the problem you're going to have... You DON'T understand the legal process, and you're not going to be able to LEARN it here. You're going up against an experienced lawyer who DOES know the legal process, and he's going to mop the floor with you.

Besides, it's YOUR debt. You have NO defense. Filing these papers and going to court is going to do NOTHING but cost you more money...

If you think they bumped up the balance already, wait till you see how much you're going to owe WHEN they get a judgment... It's going to be TWICE what you owe now, after they add on legal fees and court costs...

I KNOW you want to get out of paying the absurd amount. I don't blame you... But, that's NOT a defense. The judge is going to make you pay it whether you like it or not...

IF, however, you're able to come up with some CASH, you'll be able to negotiate the debt probably down to HALF what it is now...

So, I don't know what you want to do. I don't know if you have assets in the bank that can be seized, and I don't know if you have a paycheck that can be garnished. These are important factors in your decision.

excon

LonnieH33 · Sep 30, 2009, 10:34 AM

Well I guess I will show up and see what happens in court. The thing that gets me is I didn't even receive the summons. It came in my father's PO Box and he disregarded after he realized it wasn't his.

excon · Sep 30, 2009, 10:55 AM

Hello again, L:

Yeah, I read that. It's actually GOOD that you found it. Otherwise the first notice you would have had is the seizure of your bank accounts...

I notice that you question the SOL. I also notice that you're not SURE. If it HAS expired, you'll win. But, don't expect the judge or the lawyer to do the LEGAL research necessary to sustain your claim. You're going to have to do it yourself.

Look. I hope you win. I HATE collection agency scumbags...

excon