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justanswerit · May 9, 2008, 06:25 AM

If you get a summons, answer it!
Write a letter, take it to the Court or Judge assigned to the Summons and officially File it. DO Not Answer to the Plaintiff!
Only admit to the possibility of owing a balance. Do not put any dollar amounts or anthing else in writing. Do not admit to anything in writing you do not want to become evidence.
Just answer the Summons through the Court in the time allowed.
Next, hire a local attorney to help you out.
Pick one close to the court house, he is likely friends with the Judge.
Most collection agencies think you are stupid but if you Just ANSWER They will not get a Judgement! Not letting them get a Judgement is the Most important thing you can do for yourself.

DmVinny · May 11, 2008, 08:58 PM

Thank you. I do want to write a letter, I just do not know how to word it. =(

JudyKayTee · May 12, 2008, 05:37 AM

Originally Posted by justanswerit

If you get a summons, answer it!
Write a letter, take it to the Court or Judge assigned to the Summons and officially File it. DO Not Answer to the Plaintiff!
Only admit to the possibility of owing a balance. Do not put any dollar amounts or anthing else in writing. Do not admit to anything in writing you do not want to become evidence.
Just answer the Summons through the Court in the time allowed.
Next, hire a local attorney to help you out.
Pick one close to the court house, he is likely friends with the Judge.
Most collection agencies think you are stupid but if you Just ANSWER They will not get a Judgement! Not letting them get a Judgement is the Most important thing you can do for yourself.

You can't just serve a copy on the Court Clerk - you have to serve a copy on the Plaintiff's Attorney so they can respond.

Never heard the "close to Courthouse" theory before. Interesting at best.

ScottGem · May 12, 2008, 05:46 AM

You have gotten good advice before justanswerit despite the confusing nature of your problem. Apparently you haven't taken that advice and consulted an attorney.

It seems you were ordered to go to an arbitration hearing and didn't so an award was made. It sounds like what you got was a notice of this award, not a summons. There may not be any need to answer it as it may just be a notice informing you the award was made and you owe the money.

Your only recourse here seems to be to fight the award on the grounds that you were not informed of the arbitration hearing. But somehow, I doubt that is true, since they seemed to be able to find you OK to send you the notice of the award.

If you think you have a case for non service, then get an attorney to fight it.

DmVinny · May 12, 2008, 08:07 PM

Understood. But they do wish for me to respond within 20 days, so I am thinking possibly I might have a chance either to determine how this will be settled, or maybe to beat it. So I just need to know how or what to write to them.

ScottGem · May 13, 2008, 07:53 AM

What EXACTLY does the summons say?

JudyKayTee · May 13, 2008, 08:23 AM

Originally Posted by ScottGem

What EXACTLY does the summons say?

Don't know how helpful this is but it's not a Summons (from what I can tell) - the Attorney for the creditor has made a Motion to Confirm an Arbitration Award.

The Summons/Complaint days are long gone here -

ScottGem · May 13, 2008, 08:37 AM

Good Point Judy.

OK what does the Notice say? What exact instructions does it give?

DmVinny · May 14, 2008, 08:19 AM

Ok the notice says;

A lawsuit has been filed against you. You have 20 calendar days after this summons is served on you to file a written response to the attached complaint with the clerk of court. A phone call will not protect you. Your written response including case number given above and the names of the parties, must be filed if you want the court to hear your side of the case. If you do not file your response on time, you may lose the case, and your wages, money, and property may thereafter be taken without further warning from the court. There are other legal requirements.

If you choose to file a written response yourself, at the same time you file your written response to the court you must mail or take a copy of your written respons to the "Plaintiff/Plaintiff's Attorney" named below.

COMPLAINT: MOTION TO CONFIRM ARBITRATION AWARD

etc.

ScottGem · May 14, 2008, 08:58 AM

This really doesn't make sense. The verbiage is telling you that a suit has been filed and you need to answer it or a default judgement will be entered. But I don't understand the Arbitration award issue.

So you do have to file a response. Just keep it simple and just state that you Intend to Defend against the suit and request a hearing be scheduled. Send a copy to the plaintiff with a request for verification of the debt.

JudyKayTee · May 14, 2008, 05:14 PM

[QUOTE=DmVinny]Ok the notice says;

A lawsuit has been filed against you. You have 20 calendar days after this summons is served on you to file a written response to the attached complaint with the clerk of court. A phone call will not protect you. Your written response including case number given above and the names of the parties, must be filed if you want the court to hear your side of the case. If you do not file your response on time, you may lose the case, and your wages, money, and property may thereafter be taken without further warning from the court. There are other legal requirements.

If you choose to file a written response yourself, at the same time you file your written response to the court you must mail or take a copy of your written response to the "Plaintiff/Plaintiff's Attorney" named below.

COMPLAINT: MOTION TO CONFIRM ARBITRATION AWARD

This makes no (legal) sense - no sense at all. I know you don't want to involve an Attorney but I have never seen a (bare face) summons served with a Motion to Confirm an Arbitatrion Award.

Motions are one things; summonses are another.

I now understand less than I did.

DmVinny · Nov 10, 2008, 10:04 PM

Hi, I just received a motion for summary final judgment on a credit debt I had back in 1999 with MBNA (which sold to CACV of Colorado I guess). I would like to reply to them with a motion to vacate summary final judgment but I do not know where to begin, I cannot afford a lawyer and I believe while I am answering them a little late, I have some valid points.

First I asked them to show proof they own the debt, which they supplied, however this proof is a two page paper that says nothing about my account or my name/etc. All it says is that they bought LOANS from said seller.

Secondly, the amount they are trying to collect BEFORE court/lawyer fees is $10,000+ which is over $7,000 more than the debt.

Third, this debt was back in 1999, it is now 2008 and the SOL in Florida is 4 years.

If anyone can provide me with some sort of sample letter or at least how I should write the response I would be greatly appreciative.

Thank you.

DmVinny · Nov 12, 2008, 09:10 PM

Well, Final Judgment was awarded to the plaintiff, almost 3x the amount I originally owed (damn arbitration). Anyway I still believe this is past SOL and I want to appeal, also I am afraid they will garnish my paychecks will leave me with next to nothing for living since I also pay child support.

How can I appeal? Or workout payment arrangements.

twinkiedooter · Nov 13, 2008, 08:55 AM

You should have brought up the subject of SOL when the suit was filed. It's a little too late to do much about that now. Seems you have had this problem for some months now so this is not a huge surprise to you. The only surprise to you should have been the amount of money awarded. The judge did find that you owed the debt through the suit and ruled on it. You'll just have to get another job to help with your living expenses. Sorry.

JudyKayTee · Nov 14, 2008, 08:26 AM

Originally Posted by DmVinny

Well, Final Judgment was awarded to the plaintiff, almost 3x the amount I originally owed (damn arbitration). Anyway I still believe this is past SOL and I want to appeal, also I am afraid they will garnish my paychecks will leave me with next to nothing for living since I also pay child support.

How can I appeal? or workout payment arrangements.

All posts on this subject should be combined - it is difficult to determine what is going on here without past history.

The time to raise a defense (SOL) is at the hearing, not when you lose.

What State and why do you think it's out of Statute? The creditor can use any legal means to collect the debt unless you can come to an agreement which you can both live with. As far as the 3 times the original debt - interest, legal fees, etc. climb very quickly.

ScottGem · Nov 14, 2008, 08:46 AM

I've merged your threads, but I'm confused. Did you not appear at the hearing? Did you not point out to the judge that no documentation of the debt was ever provided? Did you not point out the to judge that SOL had expired?