Question about answering summons

[sirflapjack]

I just received a summons today due to a credit card debt. The plaintiff is a collection agency. It has been filed at a court in indiana where I recently moved from in July. Now I live in tennessee. It was not hand delivered or delivered by certified mail but rather it was just forwarded to my new address by regular mail here in tennessee. I have 23 days to respond and then I guess go to court. But now I live 7 hours away. Will I still have to go to court in indiana?
Anyone know where to find a sample of a response letter?
Also would it be worth the 14 hour drive and hotel to appear in court or should I just let the judgement be served? What are the advantages of appearing in court even though I know I owe the money?
If I do respond and a court date is set and I don't appear in court, will a judgement just be issued or will I be arrested for failure to appear?
Thanks for all of the help

[PoorGrammyinBK7]

I just received a summons today due to a credit card debt. The plaintiff is a collection agency. It has been filed at a court in indiana where I recently moved from in July. Now I live in tennessee. It was not hand delivered or delivered by certified mail but rather it was just forwarded to my new address by regular mail here in tennessee. I have 23 days to respond and then I guess go to court. But now I live 7 hours away. Will I still have to go to court in indiana?
Anyone know where to find a sample of a response letter?
Also would it be worth the 14 hour drive and hotel to appear in court or should I just let the judgement be served? What are the advantages of appearing in court even though I know I owe the money?
If I do respond and a court date is set and I don't appear in court, will a judgement just be issued or will I be arrested for failure to appear?
Thanks for all of the help

They will just get a default judgment and you will save the money you would have to spend on the trip.

[sirflapjack]

So should I answer the summons? Or just let it go to default judgement. Are you sure that by not appearing in court the judgment will be the same and I will not be in failure to appear and be arrested.

[magyar123]

If it was forwarded by regular mail you didn't sign for it right? The collection agency assumes that you're still in Indiana. Right? Just ignore them for now. Let them first try to find you. If they do then they will have to go through the whole court process again. Which could take months. No need to spend a bundle of money on gas, especially at the current gas prices

[PoorGrammyinBK7]

So should I answer the summons? Or just let it go to default judgement. Are you sure that by not appearing in court the judgment will be the same and I will not be in failure to appear and be arrested.

If you know you owe the money, I would not bother to answer. They may get a default judgment. In some states those are no good. Don't know about yours. Or they may have to find you and serve you in person.

You have not committed a crime and are not going to be arrested for failure to appear. (Wouldn't the jails be super-overflowing if they arrested all the delinquent debtors) LOL

What I have said is from personal experience only, just trying to help - its not legal advice and I am not a lawyer.

[sirflapjack]

If it was forwarded by regular mail you didn't sign for it right? The collection agency assumes that you're still in Indiana. Right? Just ignore them for now. Let them first try to find you. If they do then they will have to go through the whole court process again. Which could take months. No need to spend a bundle of money on gas, especially at the current gas prices

You're right I didn't sign for anything as it was forwarded through regular mail. Can they not just get a judgement against me if I dont answer? It has been filed with the courts in Indiana, but do they need to serve me here in TN? If so what can I do if a judgement is awarded in IN.

[treehugger1]

They might get a judgment. It depends on how jurisdiction is determined by your state and any reciprocity agreements between counties, states, etc. Once they have the judgment, they would probably need to domesticate it in your state, in order to get a bank or wage garnishment. This area of legal details is quite fuzzy to me.

[AngelinaCat]

Trust me, if you do NOT answer and / or show up, they WILL get a default judgment against you. You will have no time to stall this out. Then they will record the judgment and start the process to levy against you. Been there, done that [long story.]

Depending on your situation and when or if you are ready to file, this can make a great difference. If you are basically judgment proof (actually COLLECTION proof0 then it may not matter. But a judgment can stay on your record for up to 20 years. That means that you will have huge problems in the forseeable future trying to by a car, motorcycle, home, etc.

No, you won't be arrested for failure to appear.

I suggest going to nolopress.com and perusing their listings for publications on dealing with Small Claims Courts. Their books have sample forms and letters in them, and are kept up to date. You may be able to find sample forms and letters online in the Clerk of Court's website for the state / district that this summons is originating from.

Good luck.

[PoorGrammyinBK7]

Trust me, if you do NOT answer and / or show up, they WILL get a default judgment against you. You will have no time to stall this out. Then they will record the judgment and start the process to levy against you. Been there, done that [long story.]

Depending on your situation and when or if you are ready to file, this can make a great difference. If you are basically judgment proof (actually COLLECTION proof0 then it may not matter. But a judgment can stay on your record for up to 20 years. That means that you will have huge problems in the forseeable future trying to by a car, motorcycle, home, etc.

No, you won't be arrested for failure to appear.

I suggest going to nolopress.com and perusing their listings for publications on dealing with Small Claims Courts. Their books have sample forms and letters in them, and are kept up to date. You may be able to find sample forms and letters online in the Clerk of Court's website for the state / district that this summons is originating from.

Good luck.

If he owes the money, he may as well save the trip money, hotel and legal fees. The judgment will be the same either way. Unless he can realistically fight it, I see no reason to make that trip. Maybe HHM could answer, but I am thinking that there is no advantage for him. Now possibly sending an answer could delay final court date - I don't even know if thats true, probably not. On the other hand it lets them know where he is, making it easier for them to levy. Since its out of state, they would probably have to domesticate it to his state, which takes some time, before they could levy his assets or bank accounts.

[BigJohn]

I got a summons back in 1996. It was issued from out of the State I was living in. They claimed if I didn't show, they would get a judgement. I didn't show. They didn't get a judgement. Actually, I never heard from them again. Why? I don't know. Does it work for others? I don't know. All I know it is worked for me.

I even saw a lawyer about it. Well, it was my divorce lawyer. He told me to ignore it. I did. Yes I know I didn't probably get good legal advice but then, maybe I did.

[ssdsco]

I had a CA file a lawsuit in June. It's never been served. The CA mails me a copy via regular mail every month with nothing else in the envolope. It does have the "20 days to respond". I'm assuming that clock starts when I'm legally served. Looks like nothing but a scare tactic for now.

[BigJohn]

We have lived in our house for over 2 years. The woman who used to live here, gets bills all of the time. I accidentally open some of her mail sometimes thining it is my mail only to find out it is here mail demanding money. I don't know where she is, but the creditors keep sending the stuff to my address. Bottom line is I guess if they can't find her, they keep sending and sending and demanding and threatening but in reality, not much is done about it.

[debtmonster]

We have lived in our house for over 2 years. The woman who used to live here, gets bills all of the time. I accidentally open some of her mail sometimes thining it is my mail only to find out it is here mail demanding money. I don't know where she is, but the creditors keep sending the stuff to my address. Bottom line is I guess if they can't find her, they keep sending and sending and demanding and threatening but in reality, not much is done about it.

When you get letters like that, you should cross out her name. Above her name, write:

R.T.S.
No longer at this address

and drop the envelope in outgoing mail. Eventually they will update all of the databases and remove her name.