{ 4 comments… read them below or add one }

Hipto August 1, 2010 at 7:10 pm

If you don’t show up, you will get a judgment against you. Not good for your credit score.
If you do show up, they may arrange some kind of payment.

No lawyer is needed, it is a civil case. Save your money. If you can afford a lawyer, you can afford to pay the outstanding balance.

My hormones are raging-try me! August 1, 2010 at 8:06 pm

Yes, it happened to me. It was a collection agency that bought the debt who was suing me. I went to court because I asked a friend of mine who’s a lawyer if I should go and he said if I didn’t, they’d place a default judgment against me and possibly garnish my wages without my knowledge, but if I did go, I could make my own payment arrangement that I’d be comfortable doing. I went and I asked the lady representing the collection agency how they came up with the amount they were suing me for since I knew I didn’t owe them that much. She couldn’t answer, and the judge threw it out, telling her that I had the right to know why I had to pay a certain amount. She told the lady that if they could break it down and tell me how they came up with the amount,the company could refile. It’s been over a year, but I haven’t heard anything else from them. I’m keeping my fingers crossed that it stays that way.

I Buy And Sell Houses August 1, 2010 at 8:39 pm

I’m not a lawyer, so this isn’t legal advice. However….

Best advice: Pay the amount past due.

Next best advice: Attempt to negotiate a settlement with the credit card company, or the collection agency, before the court date.

If you do not show up, the court will find in favor of the plaintiff–the credit card company or the collection agency.

If you choose not to pay the amount past due or settle with the other side, then get a lawyer.

If you choose not to use a lawyer (not a wise decision) and you feel you do not owe the amount sought, then bring all documentation to show what you do, and do not, owe.

Hope that helps.

SlimMick August 1, 2010 at 9:29 pm

Were you officially served a summons with a confirmed court date and court case docket #? A real summons will have a confirmed date.. A debt collector threatening legal action does not mean a summons…. If this is a real summons with a confirmed court date:

If you can afford an attorney, hire one to respond, if you cannot, respond with the following:

Send the court AND the creditor/debt collector a letter via Certified Mail + Return Receipt stating:

Notice of Intent to Defend

This claim is in dispute and I cannot properly respond until I receive documentation for this alleged debt, which includes:

- a copy of the original signed contract with my signature
- validation of the original “Date of Delinquency” for this alleged debt
- validation of the “Date of Last Activity” for this alleged debt

DO NOT be a no show in court under any circumstances.
———————————–
If you are really being sued…you should try to settle this matter before the court date…but BE CAREFUL…this can be an extremely tricky move to make. Try to negotiate a settlement and get all terms IN WRITING.

DO NOT sign any legal document that you do not understand…and do not sign any document that will give the other side authorization to get an instant summary judgement (bypassing your legal rights) if you are one day late on payments.

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