Creditwrench teaches the secrets of the debt collection industry and how to defeat their abusive practices without lawyers. We know how to win!
Thursday, February 14, 2008
Summons from a debt collector
I received a summons in civil action letter from a debt collection attorney. In 2007 the creditor charged off the account. The attorney is stating that I owe $2,594.84 plus court costs. The summons stated I have 30 days to respond.
I do not have any idea how to respond the summons, and also I like to pay, to do payment arrangement i do not how to deal with them now!!!, help to get some answer

Answer: You really don't have an answer that would be acceptable to the court. At least most folks don't. Courts don't care about why the defendant didn't pay. All they care about is whether you actually do owe the plaintiff money and far too many courts don't even seem to care about that. So, if you don't have an answer that the judge is likely to accept then the only other way is to come up with an offense which at least attempts to put the burden of proof back on the plaintiff. As it is now the burden of proof is on you and if you don't rebut it somehow you will lose the case and get a judgment against you. Once a judgment is entered the next step is an assets hearing followed by a garnishment if they find you have any assets or any way to get the money. If you want to make payments it is probable that the lawyer will want 25 percent of each and every paycheck because that is what he can probably get by garnishment of your wages. Why should he take less from you when he can get at least that much through garnishment? So, as usual, the best defense is a hard hitting offense. The best offense is to figure out the lawyer's mistakes and sue him in federal court. It is about the only thing that works short of paying in full. You do have to respond to the summons and complaint first however. You can start learning how to do that by visiting How to respond to a summons and complaint which will at least give you a start on learning how to do it.
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