summons to serve!! is it too late to file on them???

[seekininfo]

ughhh, I have been sick and just havent gotten around to filing.

8 days ago I got summoned(amex) and have no idea what to do!!!

certified mail FROM THE MUNICIPAL COURT

says I have to serve a copy of an answer to the complaint within 28 days.

answer must be filed with the court within 3 days after the service of a copy of the answer on the plaintiffs att.

if you fail to appear and defend, judgement by default will be rendered.

is it too late to get an attorney and file??

[AngelinaCat]

ughhh, I have been sick and just havent gotten around to filing.

8 days ago I got summoned(amex) and have no idea what to do!!!
says I have to serve a copy of an answer to the complaint within 28 days.

answer must be filed with the court within 3 days after the service of a copy of the answer on the plaintiffs att.

if you fail to appear and defend, judgement by default will be rendered.

is it too late to get an attorney and file??

Not at all. You are in panic mode and for no reason. It is a simple suit, not end of life.

You have almost a month for one, then you can respond and deny their figures with request for confirmation of charges and why the charges. They will have time to respond and that is probably near a month again. By all means DO respond or they get a Judgment by default. This can be discharged but it is extra trouble and expense.

It states Plaintiffs have three days you are defendant. Slow down and take a breath. You have time right up to the minute to file. Even if pro se'.

[seekininfo]

so I meet with an attorney asap and go from there? he/she will know what to do??? or do I file an answer NOW??
cant believe I let it get this far

[AngelinaCat]

so I meet with an attorney asap and go from there? he/she will know what to do??? or do I file an answer NOW??
cant believe I let it get this far

You're still doing it.....panicking. Ease up on yourself.

Okay now, you have at least 20 or so days. A summons is an order for you to appear. You will appear with a prepared defense. The defense will be that you will not deny a debt, but request certification or accouinting as to the amount as well as the penalties. If you have not retained a bk attorney, (who will advise on this) you will state that you have been ill, and have not had time to get legal advice. You will ask the Judge to continue this hearing so that you may get counsel as you have been ill. You will say that you can submit doctor's reports if requested.

You will understand and I assume this is a credit card or loan. It is no big deal if you are going bk anyway.

The Court wishes a written answer before the hearing in which the Plaintiff (the entity attempting suit) has only three days to reply to the Court (and you). At this time, you have the upper hand. You have time and stop worrying.

With a simple letter, you can simply state that you are not understanding this action as you wish more information from the Plaintiff, as have been ill and will attend a hearing to reply. THAT will be adiquate. Then the Plaintiff will respond and you should get a copy. You will, or have been notified of a hearing before the Court. Again, this is no big deal and will go fast. Yes it is intimidating, but remember they are only people like us, and a Judge is not usually a mean person unless you are beligerant. You are not.

Please trust me, we have been there several times on various more serious situations including the FBI. There is nothing to fear if you are honest, and tell the Judge the fact that you need more time. You WILL get it.

That being said, get your bk attorney. You do need one. You have time to shop now and again I cannot say it enough, this is not serious unless ignored.

You have my very best wishes.

[seekininfo]

CRAP, so I have to actually GO to court?? cant just send paperwork that I filed(am filing) oh my gosh!

if the attorney sends notice before I get a court date, will that matter?
cant NOT panic, I have anxiety/panic attacks over everything anyway.
good thing I have a sleep disorder(where I sleep all the time) or I'd never sleep!!

[AngelinaCat]

CRAP, so I have to actually GO to court?? cant just send paperwork that I filed(am filing) oh my gosh!

if the attorney sends notice before I get a court date, will that matter?
cant NOT panic, I have anxiety/panic attacks over everything anyway.
good thing I have a sleep disorder(where I sleep all the time) or I'd never sleep!!

'Seekininfo': I cannot deal with your medical anomalies. if you have a sleep disorder, this is out of my realm.

Now understand, I am giving you NO legal advice, only my opinion. A Subpenea is a legal demand to appear. If you do NOT appear, you will lose by default Judgment.

That being said, the letter you got, stated the Court wants a written response and either you got a hearing date or you will get one. I have not seen your letter. I don't know what you got.

If/when you file bk, THEN yes it will stop all legal process against you. It is called the automatic stay. It tolls all pending law suits and stops any about to happen.

I have given you the best advice that I can except for one thing, get your bk lawyer. He will be able to help you more than I.

I am attempting to calm you down as I/we have been in much more problems than bk that eventually led to bk. You don't have a problem in comparison unless you are not stating everything.

You are making this bigger in your own head than it is in reality. This is all that I can tell you without you doing something on your own.

I expect to hear your progress after you present your problem to a bk lawyer or any other lawyer to fight your suit.

[seekininfo]

thanks! I appreciate the help I was attempting to joke about my sleep disorder.

Nothing I can do til Monday.
doing a search for Ohio attorneys.

[AngelinaCat]

Thanks for the clarification about the sleep disorder.

I am glad that you seem to be feeling a little better. Please keep posting with us and let us know how you are doing...

[seekininfo]

I looked again and I dont see a date, it says
COMPLAINT
in accordance with civil rule 4.6 c or d and 4.6 e, an ordinary mail waiver is requested.

[AngelinaCatHub]

I looked again and I dont see a date, it says
COMPLAINT
in accordance with civil rule 4.6 c or d and 4.6 e, an ordinary mail waiver is requested.

'Hub here. Just watching Mrs. and your post, so at liberty to chime in. You even seem to have less problem as this seems to be a form letter. CA's are noted to do this as a fear deal. As Mrs. said, you don't need to worry and no doubt you will get more.

Usually, here is how it goes. First, the creditor sends you kind reminders. Then they send you a threat to transfer your debt to collections. Then they sell your debt or deal with it in their own collections as CA's. Then you get nasty notes, and threats. Finally you get a letter of threat that you will be sued. Then you get a subpenea. That is what you have to deal with. To date as I read, your not near a problem. 'Hub

[seekininfo]

this was filed with the court and has a court number-
says civil summons certified mail. So more that just a form letter I would think?

[AngelinaCatHub]

this was filed with the court and has a court number-
says civil summons certified mail. So more that just a form letter I would think?

Great news. Civil is good. Criminal is not. LOL. That summons is dead meat now that you have a bk docket number. Inform your lawyer. He will kill it off. Wish I had known this before. We been in worried mode for you but you are now allowing all of us to sleep well. LOL.

You're good for go. Go to bed. GBWY. 'Hub and Mrs.

[AngelinaCatHub]

OK, I misread, get YOUR docket number, then all will be good. In any case, you have lots of time. Truly this is not a serious thing. Again, get some rest as it is a non event. 'Hub

[seekininfo]

Im still confused! lol

I dont have a BK number.
Dont have an attorney yet.

This came certified mail,(I had to sign for it).
this SUMMONS has a case number CVFXXXXXX, and judge name.

to defendant:
you have been named defendant in a complaint filed in the brown county municipal court by the above plaintiff. a copy of the complaint is attached.

Great news. Civil is good. Criminal is not. LOL. That summons is dead meat now that you have a bk docket number. Inform your lawyer. He will kill it off. Wish I had known this before. We been in worried mode for you but you are now allowing all of us to sleep well. LOL.

You're good for go. Go to bed. GBWY. 'Hub and Mrs.

[AngelinaCat]

Im still confused! lol

I dont have a BK number.
Dont have an attorney yet.

This came certified mail,(I had to sign for it).
this SUMMONS has a case number CVFXXXXXX, and judge name.

to defendant:
you have been named defendant in a complaint filed in the brown county municipal court by the above plaintiff. a copy of the complaint is attached.

How many days were you given to respond? There will typically be 15-20-30 from the date signed by the clerk at the bottom of your document. THAT date is the start date of the countdown for your response.

You will make your response if necessary. Otherwise, your BK attorney will handle it for you. Just do NOT rush into picking an attorney. Search through this site for all the suggestions for interviewing/hiring an attorney. Do NOT pick the first one you interview. Be a careful shopper.

Okay, this is it for tonight. 'Hub and I have got to go to bed, and I think you need to as well. You are still worrying too much!