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k0urnel · Jun 25, 2010, 03:44 PM

I moved to Florida in march of 2007. It took a lot longer then expected to find a job and we had to live off my credit cards. It has been a rough time since. Falling behind on all credit cards and I eventually forgot about them and never paid. Just recently things have steadied and now have a stable job. I receieved a summons in the mail yesterday, not even certified at that. Saying I need to be in court on July 15th for my hearing. I was the defendant and Cach LLC. Was the plaintiff. I have read bad things about them and am wandering what to do. I have moved a total of 5 times in the 3 years I have lived in Florida. 3 times in the last 1 1/2 years. I have received maybe one notice and I am not even sure it was for that card. Im not sure it's a real summons since I did not sign for it and the address on the letter was from 3 addresses ago. The collection was first opened in feb. of 2008 and last reported this month. Im not exactly sure what to do here. Any advice would be great. I have never been to court so I'm not really sure what to expect, and would like to not go if possible.
Thanks

AK lawyer · Jun 25, 2010, 04:04 PM

Originally Posted by k0urnel

I receieved a summons in the mail yesterday, not even certified at that. Saying I need to be in court on July 15th for my hearing. ...

A summons usually requires you to file a written answer, not attend a hearing. When the summons was issued there would be no telling when or if you would be served with process. Therefore I suspect that it's bogus.

What I suggest you do is call the clerk of the court, give them the case name and file number written on the summons, and ask if such a case has been filed.

Originally Posted by k0urnel

.... would like to not go if possible.
Thanks

You do understand that you are not required to go? It's a civil case, so the worst that could happen (if you don't go) is that a judgment could be entered against you.

k0urnel · Jun 25, 2010, 04:10 PM

It seems to be real it has the deputy clerk name and state stamp. But there is nothing saying I have to write a written response just saying I need to appear in court at that date. I really do not want to have a judgement against me and take the chance of them garnishing my wages.

JudyKayTee · Jun 27, 2010, 05:24 AM

Originally Posted by k0urnel

It seems to be real it has the deputy clerk name and state stamp. But there is nothing saying I have to write a written response just saying I need to appear in court at that date. I really do not want to have a judgement against me and take the chance of them garnishing my wages.

Then do what AKLawyer said, call the Court and find out if it's real or not. If it's a notice to appear you have two choices - appear and present a defense (if you have one - inability to pay is not a defense) OR don't appear and have a judgment taken against you.

ScottGem · Jun 27, 2010, 05:39 AM

Why do people ask for advice, then argue with the advice they get?

AK is correct that a summons generally informs you that a suit has been filed and gives you an opportunity to respond. If you don't respond, generally a default judgment is entered against you. So there is a question about the legitimacy of this summons no matter how real it seems to be. So your first step is to call the court first thing Monday morning to determine the legitimacy.

While you are waiting for Monday morning there are hundreds of threads in this forum and the Bankruptcy & Debt and Credit forums that discuss what to do when sued over credit card debt. I would suggest you spend time browsing through them and educate yourself about what happens now.

Basically, you will have two choices, 1) hope that the plaintiff can't produce sufficient documentation to prove the debt or 2) offer to settle the debt with either a lump sum payment or payment plan.