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    piecebesteel's Avatar
    piecebesteel Posts: 1, Reputation: 1
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    #1

    Dec 13, 2007, 07:19 AM
    I went to the Marshalls office, and picked up my own summons.
    A judgement was served against me from a financial company. Those checks that come in the mail, I cashed one of them for 8,000.00. Since that time, I didn't get the job I was sure I was going to get, I had a death in the family, I receive social security, and partial retirement. The marshalls came to my home twice, so I went to the marshall's office at the court house, and picked up, signed for, and was sworn in, my own summons. I did cash the check, but my financial situation changed. I have 30 days to answer, I called the company, not the lawyers, but I have not heard from them. In the written summons, it states that I refuse to pay, and that is not true. I have every intention of paying, but my financial situation has changed. What do I do?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Dec 13, 2007, 07:25 AM
    By cashing that check you accepted the terms by which it was offered. Those terms probably included a minimum monthly payment. Since you have not made those payments you have refused to pay in the eyes of the law.

    So they now sue you, and unless you can prove the debt isn't yours, they will obtain a judgement against you. You should still answer the summons with your intent to defend.

    You can try to negotiate a settlement or you can go from the basis that you have no income or assets they can attach.

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