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Raymondoalaska · Oct 1, 2009, 11:58 PM

I received a summons for a debt I didn't pay from a collections agency it says I am required to file with the cour a written answer to the complaint that accompanies this summons... what am I supopsed to write to them?

The debt is for $2032.68 they say for a card I stopped paying on because I lost my job, and my balance was only $1200 with a limit of $1400 I'm not sure if this is a valid debt of mine because of the difference.

Anyhow can you please let me know what they want in writing, it says I have to send it to the cour here in Alaska and a copy to the plaintiff, the people that sent me this are not even the plaintiffs, I think they are working on behalf of another creditor.. this account has been through 2 or 3 creditors already. But now they have a local one (in alaska) that is working on behalf of one Colorado.

PLease help! I have less then a week to get this back to them now.. oh by the way the debt I stopped paying in 2007 mid year.

Raymondo

excon · Oct 2, 2009, 07:21 AM

Hello R:

If you have no defense, and you're not going to fight it, you don't need to DO anything. They'll get a judgment whether you fight or not.

So, FIGHTING the claim is NOT the way to go. If you want to STOP the procedure, you're going to have to raise SOME cash and negotiate a settlement.

If you can't do that, make sure you don't have a paycheck or bank accounts, because once they get a judgment, those things will disappear.

excon

Raymondoalaska · Oct 3, 2009, 04:04 PM

Originally Posted by excon

Hello R:

If you have no defense, and you're not going to fight it, you don't need to DO anything. They'll get a judgment whether you fight or not.

So, FIGHTING the claim is NOT the way to go. If you want to STOP the procedure, you're going to have to raise SOME cash and negotiate a settlement.

If you can't do that, make sure you don't have a paycheck or bank accounts, because once they get a judgment, those things will disappear.

excon

Well I wrote them a answer and denied me owning them any money so we will see if we end up in court. I sent copy to courthouse and lawyer.

this8384 · Oct 7, 2009, 06:27 AM

Originally Posted by Raymondoalaska

well i wrote them a answer and denied me owning them any money so we will see if we end up in court. i sent copy to courthouse and lawyer.

If you denied owing the money, you're definitely going to end up in court. Odds are that you'll lose.

If you stopped paying on the card with a balance of $1,200 then it started accruing interest, late fees, etc. It may have even gone to a higher interest rate simply because you defaulted. A difference of only $800 is absolutely nothing - certainly not a defense.

You should have listened to excon and tried negotiating out of court. Now, you've more or less condemned yourself to a judgment that's going to cost you even more that it would have if you had simply tried to play nice, rather than deny the debt altogether.

JudyKayTee · Oct 7, 2009, 07:39 AM

Inability to pay is not a defense - what IS your defense?

ScottGem · Oct 7, 2009, 07:48 AM

If you had spent some time browsing around this forum as well as the Credit and Bankruptcy & Debt forums, you would have found answers to your questions.

Its one thing to respond saying this is not your debt, its another to respond stating that you are unsure if its your debt and require the plaintiff to produce verification.

As the others have said, I think you may have dug yourself a hole that is going to result in a judgment against you.

Raymondoalaska · Oct 7, 2009, 11:31 PM

Originally Posted by ScottGem

If you had spent some time browsing around this forum as well as the Credit and Bankruptcy & Debt forums, you would have found answers to your questions.

Its one thing to respond saying this is not your debt, its another to respond stating that you are unsure if its your debt and require the plaintiff to produce verification.

As the others have said, I think you may have dug yourself a hole that is going to result in a judgment against you.

Actually I have resoponded that I was UNSURE it was my debt. Not denied it right out.

ScottGem · Oct 8, 2009, 12:45 AM

In that case you should be OK. You should send a copy to the plaintiff asking for verification of the debt and their right to collect on it. You can add that, if they can verify the debt you would be interested in discussing a settlement.

this8384 · Oct 8, 2009, 06:50 AM

I'm confused.

Originally Posted by Raymondoalaska

well i wrote them a answer and denied me owning them any money so we will see if we end up in court. i sent copy to courthouse and lawyer.

Originally Posted by Raymondoalaska

actually i have resoponded that i was UNSURE it was my debt. not denied it right out.

It's hard to help you when your story changes in regards to what you actually said and/or did.

Like Scott said, if you simply questioned the debt, then you need to take the next step and request verification. You stated in the original post that you had one week to answer, which would be this Friday, October 9th. Is that when the court date is?

Raymondoalaska · Oct 9, 2009, 11:36 PM

Originally Posted by this8384

I'm confused.

It's hard to help you when your story changes in regards to what you actually said and/or did.

Like Scott said, if you simply questioned the debt, then you need to take the next step and request verification. You stated in the original post that you had one week to answer, which would be this Friday, October 9th. Is that when the court date is?

Your getting on my nerves, please don't post in my thread, or repond to any of my posts.. POOF BE GONE!

ScottGem · Oct 10, 2009, 05:29 AM

Originally Posted by Raymondoalaska

your getting on my nerves, please dont post in my thread, or repond to any of my posts.. POOF BE GONE!

That is NOT how this site works! When you post a question here you open yourself to ANY comments by any member as long as they do not violate our rules or guidelines. If you feel a response does violate the rules use the Report Inappropriate Post (RIP) link and report it. The moderators will then review and decide.

What you do NOT do is dictate who can post or where they can post. NO member has that right. You can Ignore a member so you don't see their posts. Or you can just not pay any attention to their posts and not respond. But do not presume to dictate to anyone how they can use this site. That is neither allowed or tolerated.

End of discussion, any further discussion that is not related to the OP will be removed.

ScottGem · Oct 10, 2009, 01:53 PM

Originally Posted by ScottGem

End of discussion, any further discussion that is not related to the OP will be removed.

Did anyone NOT understand what this meant or not believe I was serious about it?