I have been served

[gettingby]

I got served last Fall and answered the summons (no fee), submitted Motion for Discovery (giving them a little more work to do). Just search for a sample summons answer form on the internet (the judge will expect it to look unprofessional, filing pro se, so don't worry about that) Do as others say: OBJECT to everything - File Motion to Dismiss - Claim all affirmative defenses allowable in your state. I've held them off so far. They pretty much have all of the information they need to get a judgement: original signed contract, affidavit from original creditor showing account assigned to Debt Collector, but I'm still going to try to get this to trial, just to play a little longer. "hey, I don't owe that amount, PROVE IT", which they have already said in Discovery that they don't have that information. If you have serious assets, this may not be the thing for you. Most cases, especially the lower $$$ amounts, they're just trying to scare you. The same firm filed a case in District Court for a $900 case and they haven't done anything further. As far as the court employees helping...mine told me simply, call the lawyer and settle. Any kind of form I can fill out to answer the summons?? "No we don't carry things like that." Just stall as long as you can. I understand your reason for waiting to file. That's what caused me to join here. I have several things that I may try to get answered before proceeding to file as they may look questionable in Bankruptcy Proceedings. Good luck to you!

[EveryDayAdam]

Hi EveryDayAdam: If this is all we can do for buying time thats great BUT, wouldn't this hurt us and come back to haunt us with an objection? Can they object and say that we were denying the debt at some point? makes me worried.
I am not in there yet, hopefully they won't get ahead of me and my Bk. But if they did I would love to be able to buy time without spending more money on attorney fees.

http://www.attorney-in-alabama.com/not-pay-debt.html

read that page and read it carefully...even if you're not in Alabama. I know it's long, but it will answer most questions.

Basically, you aren't doing anything wrong or illegal. You are just exercising your constitutional rights to a fair trial.

There is a distinction between "This debt is not mine" and "I don't recognize this debt." One can get you in to trouble, the other just requires them to prove their case.

You have to understand that collections attorneys make all their money on the people who don't show up and don't exercise their rights. They rely on filing a court document with a sworn affidavit that says "this person owes us this much money." If you don't show up to challenge their affidavit, then the court proceeds with it being fact...this affidavit is not evidence against you and they get a summary judgement.

One basic premise about civil court...if we go to court and I say something and you don't dispute it, then what I said stands as fact at that trial. So if I say that you owe me $20,000 and you don't deny that you owe me $20,000...then the judge has to proceed as if you owe me $20,000...no evidence required.

By answering the summons, you basically are telling the court "I don't recognize this debt, if it is my debt, then I want proof of the amount, and proof that the debt is still valid. If the debt is still valid, then I want proof that the company collecting the debt is legally allowed to collect the debt."

By making this simple statement to the court, you basically just increased the amount of work that the creditor attorney has to do to get a judgement by 20 times. Now they have to contact the original creditor and get a copy of the signed loan agreement, get a statement that details every single charge, transaction, interest payment, late fee, etc. Then they have to show proof that they actually own the debt...if the debt has been sold a few times, then they have to show the agreements between each of the parties who have owned your account to create a trail to them. All of that is no easy task, ESPECIALLY, if the debt has been sold to a junk debt buyer, and the debt has been sold a few times and bounced between collection agencies.

Finally, that collection attorney has to do it all within a very short amount of time...if the creditor attorney can't prove any one part of his case, then it gets tossed.

But here is the kicker: you are worried about them saying "oh this person is just stalling and wasting our time." Well, they may very well decide that, but they can't penalize you for it (unless you lie to the court). You've got nothing to lose by going to court (only time) and EVERYTHING to gain...worse that will happen is that the court will enter a judgement against you, which is EXACTLY the same thing that would have happened if you didn't do anything at all.

Every step of the way you delay the judgement and collection, and increase the likely hood that the attorney will drop it for easier prey.

I hope this helps!

[mizzgee]

Update

I am being sued by the OC, Citibank, so I don't know what would be my defense. My husband thinks I should go to court but I don't see why? I know I owe but I can't pay. I can't afford bk lawyer right now so I don't know what to do.

Also, I've been getting calls everyday since they, Citibank, decided to sue, with each call getting more aggressive. WTF? They are already suing me so why are they still calling. What is a "Refusal to Pay Department"? Are they serious?

Today I got a call from Chase saying they needed to verify my address info because they were suing me AND my husband. He is not on the acct. and we live in PA so are they lying or what? They said I opened the acct and a yr later defaulted so it is fraud of a bank or something. Up until the month I stopped paying, I had been paying on time every month. How is that fraud? I'm trying not to lose my mind over all this but it's getting hectic to say the least.

Also the Chase rep said that if I file bk after they get a judgement, the bk won't affect it, something about it being a civil judgement and I would still have to pay.

[EveryDayAdam]

mizzgee,

you definitely want to answer the summons and delay judgement. Read that link I posted and follow it's instructions. A few hours of work can delay judgement by MONTHS.

You shouldn't talk to anyone at Citibank. If they call you, decline to answer any questions and immediately hang up the phone. Talk over them if you have to. The instant you know it's them simply say "I can not talk about this matter" and hang up the phone. YOU ARE UNDER NO OBLIGATION TO TALK TO THEM. Don't verify any information, don't say anything to them. They are hoping to record you saying something that will help them.

Finally, the person from chase who said that if they get a judgement that the BK won't affect was entirely wrong. If you have a judgement against you, once your BK is discharged, then you send a motion to the court who issued the judgement a motion to avoid the judgement...It's an extra step, but it's easy. During and after your BK, chase is barred from collecting on the judgement.

Don't listen to anything that chase has to tell you. Do not talk to them. You have nothing to gain by talking to them and everything to lose by giving them information. Follow the instructions at the link I gave you and you can delay judgement for a long time...even if it is the OC. The worse that can happen is you'll have a judgement against you, which is the same exact thing that would happen if you do nothing at all...and just by filing a general denial of the debt, you will delay judgement by months.

Finally: Stop paying any money to any creditors, and start putting that money towards paying your BK attorney. If you stopped paying the minimums due on your credit cards, how quickly would you have enough money saved to pay the lawyer? You are only throwing good money after bad by paying creditors, so stop paying them and save up for your BK. Make sure you keep the money out of a bank account (stuffed under the mattress would be a good spot) in case chase does get a judgement and gets their hands on your bank account.

Once you fill out all the paper work and file that BK petition, then the judgement, chase, and the phone calls stop! A few short months later and you'll be debt free!

[mizzgee]

I only started taking the calls because they were calling my inlaws, whom I have never lived w/ but the got my husband's info from a joint acct we had at Sears, I think, whateva, they kept calling saying I gave them that phone number, lie. I hope it's not too late for me to do some legal pro se wrangling....crap

[mizzgee]

I haven't paid on any cc just scraping by to feed my family....food on the table is better than good credit....

[NoTitforTat]

Well, I wish I had found this forum earlier.

I did not reply to the summons, so Chase went ahead and now I received a Notice of Garnishment by the City Marshall.

What worries me the most is a subpoena with some questions which failure to comply with would be contempt to the court!!

What should I do at this point.

I have no assets and make only 200 gross a week, but this "contempt" term worries me.

Please help.

[EveryDayAdam]

I haven't paid on any cc just scraping by to feed my family....food on the table is better than good credit....

mizzgee,

I am very sorry to hear about your circumstances. I am glad to hear you have your priorities straight I would suggest scraping up the money for that BK somehow. Ask to borrow some money from a close friend/family member, sell some old things on eBay, get a 2nd job for a few months, babysit some kids, etc. It will be worth it in order to get the whole situation behind you so you can stop worrying about the past and just focus on the future.

If the creditor gets a judgement, then they can garnish your bank accounts and wages, and then you REALLY won't have any money to feed your family, let alone pay for an attorney.

But trust me when I say that doing nothing to address this issue and ignoring it is the worst thing to do. The creditor will get a quick default judgement, and you'll be SOL. You can fight the lawsuit in court until you can scrape up enough money to pay the attorney.

If you're doing a chapter 7, you may try pro se. It's difficult, but people have done it here. Just read through the posts and do your homework on the process...then read some more and do extra credit work.

I wish you the best of luck.

[EveryDayAdam]

Well, I wish I had found this forum earlier.

I did not reply to the summons, so Chase went ahead and now I received a Notice of Garnishment by the City Marshall.

What worries me the most is a subpoena with some questions which failure to comply with would be contempt to the court!!

What should I do at this point.

I have no assets and make only 200 gross a week, but this "contempt" term worries me.

Please help.

The only thing you can do at this point is to try and hide money, by living "cash only" (no bank account). Answer any summons to receive for court, and answer them truthfully. If you answer and don't lie, then you can't be held in contempt.

You definitely need to file for BK and do it quickly. Otherwise, things will only get worse.

[mizzgee]

Ok, I just signed the "Notice to Defend" paper that came with the summons. I'll mail it in the morning. I read the link provided and it has some really good info but I still have some questions. So now I send the DV letter to who?, the court or the lawyer for Citibank? This is alot to take in .....

I'm dealing w/ the OC so wouldn't they have all the paperwork needed to prove what I owe? How can I defend that? I want to pay but I am unable to, is that a defense?

[EveryDayAdam]

Ok, I just signed the "Notice to Defend" paper that came with the summons. I'll mail it in the morning. I read the link provided and it has some really good info but I still have some questions. So now I send the DV letter to who?, the court or the lawyer for Citibank? This is alot to take in .....

I'm dealing w/ the OC so wouldn't they have all the paperwork needed to prove what I owe? How can I defend that? I want to pay but I am unable to, is that a defense?

Your summons should have the address of the person suing you. Send it there certified mail, return receipt.

Since they are the OC, they aren't technically obligated to provide it, but it doesn't hurt to ask for it.

[FreshLikeADaisy]

Mizzgee, I am pro se and it was a lot of studying, but in the end because I had no assets it was actually straightforward and simple. You've gotten some really good advice on this thread (and I hope you take it!) but the very best piece is: DON'T TALK TO CREDITORS. Sweetie, they lie, they manipulate, they will harass you and your family, they will say or do anything to make you worry enough to cough up a pmt or two whether it's legal or not. For instance, by law they can call your relatives BUT ONLY ONCE, and ONLY TO VERIFY YOUR LOCATION. If they already have your correct phone number, their calls to your relatives are illegal. They know this. They count on you NOT knowing it.

So, get caller ID, make sure that your answering machine has your name (so they know they have the right phone number) and then send them a cease and desist letter by certified mail/return receipt requested that tells them you will only deal with them by mail and not to call you. You could even demand that they not contact your relatives anymore, since they obviously have your correct phone # and address. It's a very short one paragraph deal and you can find examples all over the place via google, so you don't even have to be good at writing letters.

There's probably nothing you can do to get more money right now, but you can damn sure save yourself the worry and harrassment of talking with creditors. There is nothing at all to be gained by engaging with them. Please don't let them keep haunting you, but rather use your energy wisely. It's amazing what a few letters can accomplish. Good luck!!!

[mizzgee]

I got a call from the Broker my realtor's license is under and he said he got a call from what he believed to be a bill collector, but the rep tried to give him the impression that it was about a lawsuit involving real estate...I know this has to be illegal. I will be sending cease and desist letters to every creditor that has contacted me. This is nonsense...I have not been answering the phone since I posted and the phone is ringing more now than before! I will not be talking to them anymore.

[FreshLikeADaisy]

Good for you!!! In the end I stopped answering the phone entirely and even turned the ringer down so I wouldn't have to listen to them ***** through the answering machine. A second or two was all it took to figure out if it was a voice I knew, and if not, *click*. Saved me a ton of heartache and worry, and I know it will for you too. Good luck!!!

[NoTitforTat]

The only thing you can do at this point is to try and hide money, by living "cash only" (no bank account). Answer any summons to receive for court, and answer them truthfully. If you answer and don't lie, then you can't be held in contempt.

You definitely need to file for BK and do it quickly. Otherwise, things will only get worse.

Thank you EveryDayAdam,

For responding to my inquiry.

I wish I knew how to answer the summons.

I am already living cash only, but they did get hold of a few hundred dollars I had in my account. How can I start paying the City Marshall if they blocked the only money I had.

Less than a week to send the first payment to City Marshall now. How much time do I have before he starts collecting from my miserable paycheck?