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dann2 · Jul 21, 2007, 07:13 PM

Hello,

Well, my parents received a summons in person today. My parents, who are immigrants from S. Korea, do not speak very good english. They understand simple conversation but other than that, it is too hard for them. I read the summons and it seems they will need to response to it.

I have been reading many helpful tips and advices on here about what to do. I have read that you will need to file Notice of Intend to Defend in the court.

My question:

1.) Do I file Notice of Intend to Defend after I respond to the summons within the time frame?

2.) Is there a form for the "Notice of Intend to Defend", if not how can I file for it?

3.) I have been reading about ADR. Should I call to negotiate a payment plan with them without going to court?

4.) If all fails, if we lose the judgement, would there be a payment plan setup to pay the amount or do they expect the full amount right away?

Please help. :)

ScottGem · Jul 21, 2007, 07:24 PM

1) The Intent to Defend generally IS your response to the summons. Depending on the wording of the summons, it may state that a default judgement has been requested by the creditor. Therefore you need to file the Intent to Defend to forestall the default judgement and request a hearing.

2) Ask the court what form is needed.

3) Be careful here. Depending on where you are, an offer of settlement constitutes an admission that the debt is valid. This could restart the SOL. Before you offer a settlement, make them prove the debt belongs to your parents, they have a right to collect it and the SOL has not passed.

4) Once they get the judgement, they hold the upper hand. They can garnish salary and attach cash assets. So their incentive to settle is greatly lessened once a judgement is granted.

On a side note, I must say I'm sort of surprised at this. From what I know Koreans are a very industrious people and I am surprised to find them having defaulted on a debt.

dann2 · Jul 21, 2007, 07:32 PM

Thanks ScottGem.

I read many of your posts from other people with the same problem. You are very HELPFUL. Thank you!

Yes, you are correct. Many Koreans do not find themselves in debt but as you knkow the current state of US, it seems many people are having problems with their finance because of numerous reasons.

Lastly, you stated that the Intent to defend is the response to the summons. Then, I would download the CM-110 form and use that to write my response? Is there anywhere I can find a sample of an "Intent to defend" response by a person. I have never done this type of things and will not know how to even start the response.

Thanks~~~~~ ^.^

ScottGem · Jul 21, 2007, 07:35 PM

You can search the WEB on Intent to Defend to get some sense of the form. But its pretty basic, just a statement that they intend to defend against the suit and they request a hearing be scheduled.

Without knowing what the circumstances behind the debt are its hard to be more specific.

5683HUGGS · Jul 21, 2007, 09:59 PM

What state do you live in?

dann2 · Jul 22, 2007, 10:14 AM

Ca.

5683HUGGS · Jul 22, 2007, 01:56 PM

I also live in CA. When I called the court to mention Intend To Defend. They had no idea what I was talking about. Ask the court that you are assign too if they have a legal aide, these a volunteers who can help you file. I recently when to and aide and they helped me File an Answer. Now I need to verify a debt. I'm still unclear if California requires me to file something with the court before I send out a verification of the debt via certified mail. How old is your debt? If it's older than 4 years, you can file a Motion to Dismiss on the grounds of SOL expired. I included it in the Answer. I hope this helps, keep me posted, also you can read my dilema as well.
As far as ScottGem, MrYet and the others... you guys are the best. I want to thank you for your help

dann2 · Jul 22, 2007, 05:40 PM

HUGGS...

Thank you for your response.

I will call or visit the court to get some legal aides to help me file an answer to the Summons. From what I have read from these forums, it seems you can have the debt collectors prove if my debt is real with the original contract, etc... Have you done that? If so, how can I do that?

Lastly, you stated that if the debt is older than 4 years, I can file a motion to dismiss on the grounds of SOL expired. Does that mean, the summons against us will be closed? Or does that just allow more time?

Thanks~~~

ScottGem · Jul 22, 2007, 06:29 PM

An SOL just means that once the time has passed, the right to sue has lapsed. That doesn't mean that the debt is invalid or the creditor cannot still attempt to collect. They just can't do so through the courts.

dann2 · Jul 22, 2007, 06:41 PM

Got it. Scott you don't know how you are helping us in this situation.

I have decided to respond to the SUMMONS stating that I wish them to prove the debt is really ours and assign for a hearing.

I will also send them a certified mail letter to the attorney for the plaintiff to PROVE that the debt is ours. It seems that is the best weapon. If they cannot prove it, they cannot win. Woot~!

If there is any other extra things I can do, any advice will be appreciated.

Hope all goes well, will keep you guys updated.

5683HUGGS · Jul 22, 2007, 08:23 PM

I still need to write a verification of a debt letter. I'm trying to find a nice one online that will help. I'm still unclear if California requires me to file something with the court before I send out a verification of the debt via certified mail.

dann2 · Jul 23, 2007, 10:55 AM

HUGGS...

Have you written your summons response? If you did, I will appreciate it if you can lead me to any great site with a sample. Also, did you mail the response to the clerk or did you give it to them by person? I will greatly appreciate it if you can advice. :)

Lastly, you can check out

Debt Validation: The ultimate weapon against the collection agencies

Great site in helping with the debt validation. Also, from reading the forums here it seems people sent the verification of the debt to the clerk and also one to the attorney of the collection agency.

Thanks and keep me updated~ :)

5683HUGGS · Jul 23, 2007, 11:45 AM

I answered the summons with the help from the self-help center that was located in the courthouse. We went one by one, and she gave me all copies and instructions. She also sent out the answer with proof service to the opposing attorney. Try this webite (California Courts: Self-Help Center) see if it helps. I will send you another. What county are you in? I live in Los Angeles County. I strongly suggest you call you court house and ask if the have a self help center or someone who can help you fill out the forms (legal aid). Keep me posted.

5683HUGGS · Jul 23, 2007, 11:48 AM

Here is the one that helped me Welcome to LawHelpCalifornia.org

Go to consumer and small claims,
Debt Collection, Garnishment
Enter you zip code and there you are

5683HUGGS · Jul 23, 2007, 12:08 PM

What are the instruction to send a verification of the debt to the clerk?

dann2 · Jul 23, 2007, 12:47 PM

I've read other forums and it seems you just send to the attorney for the plaintiff and not to the court.

https://www.askmehelpdesk.com/bankru...-do-25425.html

Check this forum out. See what MR. YET has put on there to send to the attorney with the letter for validacation of the debt. It should be helpful. I think that is the way I am going to go with this process.

If you find out anything else, please keep me updated too. Thanks~~!!

5683HUGGS · Aug 5, 2007, 12:04 AM

Instead of responding to my validation Debt Letter, the attorney sent a Request for Admission interrogatories and 2) Demand for Production interrogatories. In short he asking me to admit and produce these documents instead of him. Now I don't know what to do.

ScottGem · Aug 5, 2007, 10:47 AM

Stand by your rights. Tell him you can't and won't acknowledge the debt until he produces verification.

allbut8 · Aug 8, 2007, 03:03 PM

Originally Posted by ScottGem

On a side note, I must say I'm sort of surprised at this. From what I know Koreans are a very industrious people and I am surprised to find them having defaulted on a debt.

I laughed a little with your side note. Just curious/For my amusement: exactly what nationality of people do you normally expect to default on a debt?:confused:

ScottGem · Aug 8, 2007, 03:26 PM

Originally Posted by allbut8

I laughed a little with your side note. Just curious/For my amusement: exactly what nationality of people do you normally expect to default on a debt?:confused:

I admit that came out badly. Its not that I associate any nationality or ethnic group with defaulting on a debt, but fromw what I know of koreans they are less likely to incur debt then other nationalities.