Best Buy Served Us Today

[dazed]

My husband received the summons from Best Buy today. We have 20 days from today to respond. I want to request that they validate the debt to help buy us some time.

They are suing for $6246.67. The lawsuit was filed on 09-24. We also have a letter from the collection agency trying to collect on the same account at the same time saying we owe over $8000.00 (but they would settle for $2000.00).

There was also a paper attached to the law suit saying to call them and make a payment arrangement to stop the law suit.

If any can give me any ideas are suggestions on how to answer the complaint and also request the debt validation I would really appreciate it.

What I am thinking so far is that we are going to have the money to file by January. If I wait until the very end of the 20 days to respond and ask for the debt validation that would put us at the end of the month. Then they have to respond so I am thinking that may get us to the end or middle of November before we have to figure out our next step.

[DeadManCrawling]

We need more infor to offer useful advice.

What were the purchases for? If this was all consumer entertainment items, like computers, tv's, IPODs and so on, and done in a short period, that would be very different than a number of items over a number of years.

Generally, the more time you delay filing the better.

Also, they ont necessarily plan to sue, even though the papers are drawn up. It could be an attempt to force a faster settlement.

[dazed]

The last time we charged anything with them was probably Christmas 2007 (digital camera w/photo printer and ipod video were the only purchases that I recall) Most of the balance was crap that we were paying on for years and is stuff that we did not have anymore. We stopped paying October of 2008. Most of the purchases were from a few years before. My husband had an account with them for a very long time. I know for sure it was over 10 years.

[OhioFiler]

Is there a court case assigned to this summons?

[dazed]

yes, there is a case #.

[2manybills]

Dazed: Where are you located? There is a court website called uscourtforms.com. You can download any court form for your particular state. You will want to file an "answer to the complaint". Let me know what state you are in and I will send you some language to use in the answer.

[southernbelle]

Dazed how far are you away from filing BK? If you don't have much longer that might stop this suit in its tracks. If this stuff wasn't newly purchased, I don't get the suit anyway. Sounds like they are trying to collect whatever they can.

[dazed]

We are in Wisconsin. We are planning on having the money by the end of December and file in the beginning of January.

[OhioFiler]

We are in Wisconsin. We are planning on having the money by the end of December and file in the beginning of January.

I'd ask for an extension on your court hearing. If you can move it to mid November you'd be fine.

[dazed]

In Wisconsin you have to file an answer to the summons or the other side wins by default. I have to write an answer before I can ask for an extension. I don't have a court date yet. One will not be issued until after the response is received. My sister did not answer a response for a civil suit on medical bills. From the date of the summons to the judgement against her was less then 30 days.

[shabam]

What I am thinking so far is that we are going to have the money to file by January. If I wait until the very end of the 20 days to respond and ask for the debt validation that would put us at the end of the month. Then they have to respond so I am thinking that may get us to the end or middle of November before we have to figure out our next step.

I do not believe it works that way for a summons. Debt validation from a creditor is one thing, whereas this will be seen before a judge. Their lawyer would have already verified all of this. I am not too familiar with this though.

[OhioFiler]

In Wisconsin you have to file an answer to the summons or the other side wins by default. I have to write an answer before I can ask for an extension. I don't have a court date yet. One will not be issued until after the response is received. My sister did not answer a response for a civil suit on medical bills. From the date of the summons to the judgement against her was less then 30 days.

Excellent! File your answer first then. Deny the debt is yours.

[OhioFiler]

Good info here how to answer a summons.

[dazed]

Thank you for the link, it does help. I am pretty sure I can create and respond with an answer now.

My next issue is the validation.

Part of the summons states this.

6. The accurate copies of the writings evidencing defendant's obligation will be submitted to the court and defendants upon receipt of the defendants written request therfor on or before the return date or the date on which the answer is due.

I am assuming what this means is that when I respond with an answer, that I can separately request the validation in the form of a letter and they will provide me a copy of that information and the court as well. Is this right?

[CityFarmer]

I received two summons before we filed. I let our attorney handle them. He filed a response that basically said that I'm disputing the debt because I am "without knowledge or information sufficient to for a belief as to the truth or falsity of the allegation that Plaintiff owns the account and how the interest and fees were calculated." (Don't ask me to explain what that means!) I think they are likely hoping for no response which gives them an automatic judgment. If you have an attorney, it might be worth the extra $100-$200 to have him write up the response.

We filed almost 2 months later, and never heard anything from either party.