Category: Collections Law
Subject: collections lawsuit
Question: QUESTION: I am being sued for a credit card debt
and need to file a response to the court to buy time, but don't have much time to respond. I am considering bankruptcy so this is probably the first of many, but need to gather my money to hire an attorney
. What do I need to say to the court in a response letter. If I am willing to settle for like $25/month, should I say this here. Do you have a form letter I can send to the court nad attorney to buy me some time? the debt is mine, amongst others and I am in this mess due to the loss of equity on my home and I am unable to make these payments with everything else going on. Any help would be greatly appreciated. Thanks.
ANSWER: You should use creditwrench on them instead of bankruptcy because creditwrench does exactly the same thing for a lot less money and does it much more effectively. It also does it without leaving a mark on your credit reports
and on top of that you get paid instead of paying out all that money for nothing. Bankruptcy don't necessarily make them go away but creditwrench does just that.
So why file bankruptcy?
One does not send letters to the court to respond to a summons. What one does is prepare a defense in the proper format so that it looks like it was prepared by a professional attorney instead of just a letter.
What do you say? You might want to prepare a graduated denial in response to the summons and then follow that up with interrogatories, admissions and demand for production of documents.
Learn how to win the collections game instead of being the loser.
---------- FOLLOW-UP ----------
QUESTION: I was served for this lawsuit for a claim of $5K and it says I must respond within 20 days, so I assume I have to send them something now. Do you have an example of a graduated denial letter that I could send.
Tell me more about creditwrench and if it is really an option. I have ~$50K in credit card debt, a high mortgage and car payment with nothing left to pay that credit card debt. My only option I thought would be bankruptcy or lose everything and be paying a ton in legal fees
Answer: Creditwrench teaches people what their rights are under the law and how to actually make the debt collectors and their attorneys obey the law or pay the consequences of their without having to hire an attorney to defend them or their rights.
How we do that depends on where you are in the debt collection
We sometimes get people who have not even defaulted
on their obligations but due to a change in their incomes or health or other problems in their life they know they are soon going to be unable to meet the obligations they once thought they could meet easily. Nobody wants to be a deadbeat and skip out on the obligations they lawfully owe but when things go bad due to circumstances beyond their control they have to do something to save what they have.
Others come to us because of mortgage foreclosure
problems. Those who come to creditwrench early are especially lucky because they have the opportunity to learn how to deal with abusive debt collectors early on.
Then at the other end of the spectrum we have people who contact us a few days before they have to go to court to answer a summons and complaint. They lost many of their opportunities to learn how to win in court and have to deal with their situation and sometimes within a matter of hours.
Your situation is similar to that above. You have only a few days before you have to respond to a summons and complaint and you not only have no idea of how to go about it but you also have no idea of how much paperwork it is going to take to put up a viable defense.
Here is what you need just for starters to put up a viable defense. First of all you have to learn how to properly prepare court documents for filing. Then you have to prepare and present a response to the summons and complaint that the court will hopefully listen to. And you are going to have to send a copy of your response to the plaintiff's attorney by certified mail and it has to be accompanied by a document known as a certificate of mailing.
I had a new student this morning who had two days left within which to
file his response or get a default judgment
against him. We started teaching him how to do that last evening and by this morning he was ready to go file his response. Total time he spent doing that was about 2 hours. Tomorrow we will work on his interrogatories, admissions and demand for the production of documents which he will also send to the plaintiff's attorney by certified mail, return receipt requested and a certificate of mailing will also go along with that. He already knows how to prepare those, of course and it won't take him more than about 10 minutes to prepare each new one he needs in the future without help.
Then we will start to work on other possible motions to file with the court and he will also have to learn how to file a federal lawsuit against the plaintiff's attorney for violation of federal law. That can take much more time and how much time will largely depend on how much time he has to devote to it according to his other obligations such as his job and his family.
Students need much, much more help and coaching than they ever realize when they start out and there is no limit to how much personal coaching they can get from me.
They learn so much in a few weeks that they are probably better prepared to fight their own battles than most attorneys will ever be.
They will learn that when they take the attorneys and collection agencies to federal court they will be able to force the plaintiff in the local court to forget about the local case and dismiss it or if a judgment has been rendered they will have to get it vacated and removed from the student's record or pay a heavy price in federal court for failing or refusing to do so. They will usually be far more willing to do that than to have to face a federal judge and jury and explain why they broke the law. I've never ran into any who were foolish enough to try that yet.
I do hope that helps you to understand how it can be that creditwrench
gets the same job done as bankruptcy does yet leaves no public or credit bureau records to haunt them for years to come.
Labels: Business, Collection agency, Credit card debt, Credit history, Debt Consolidation, Financial Planning, Financial Services, Foreclosure