Summons for a judgment: my situation. Help?

[curlysue]

Curlysue, you seem to be pretty young. That is a hefty debt, can you split it out a bit? One card or many? Car, etc.? Now about the Nolo book. Christmas is coming, could not the folks gift it to you or do you not want them to know? Then ask for a prepaid CC card for $20 and get the book. It is well worth the money and will help and of course we will. 'Hub

I'm 26. It was just one card (6500 with interest and lawyer's fees), one student loan (3600) and one overdue phone bill (400). My christmas present this year was a pair of new shoes (my old tennis shoes were seven years old!) so I'm out of luck with the NOLO books, but the library copies will tide me over until I can perhaps get a job through the unemployment agency to purchase copies of my own. I have no car of my own, just the rust bucket (worth $300 with 150k miles on it and full of mold because water leaks in when it rains/snows) my brother left when he moved to NYC over the summer. For awhile it just sat in the street because it didn't have any insurance, but recently my dad's car needed a new engine so they reinsured my brother's so my dad could use it to drive to work while his car got fixed. So I can drive it now if my parents give me gas money for it (which is, like, never.)

[ssdsco]

Based on the scare tactics CA's/Law Office of/JDB's are using on me I seriously doubt you've been served. Don't sign anything !

Anyone know how can you confirm that you've actually been served ?

[CompTweaker]

I love how the advice to fight judgments is doled out around here but no one ever goes into any detail about how you need to be aware of procedures in court, how to answer the summons and complaint and also how to answer the questions they will ask. Not to mention you will have to write your own defense and cite case law or specific laws that are being violated.

My point is, that unless you have some idea what you are doing the end result will be the same...a judgment.

Since you are being prompted to defend yourself and if you choose I suggest you at least read this article and try to get the Nolo book to guide you.

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

Boy, you sure do love attacking the integrity of this forum and its posters. Maybe the reason some people (like me) havent posted much about it is because we would rather learn about what we are trying to talk about before posting non-sense. I'm in the middle of a lot of this lawsuit mumbo jumbo right now, and I dont have much time to dedicate here because of my research efforts along with a "Life".....but I will help when I can....anyways

Here are some websites I have found very helpful:

http://www.debt-consolidation-credit-repair-service.com/forums/forumdisplay.php?f=177

and

http://www.debtorboards.com/index.php?board=5.0

and read the posts from "Flyingifr" with special attention

....more to come after I learn more and finish these lawsuits

[CompTweaker]

I originally posted about this in the Chapter 7 subforum, but this seems like the more appropriate place, so here goes.

A crediting firm is attempting to seek a judgment on me for a credit card I had back in 2004 and my court date is scheduled for next week (I received the summons on Saturday.) The total for the whole shebang is about $6500 at this point (including interest and lawyer's fees.) I have not had a job for several years, I have no assets, no income, nor do I have a bank account.

I spoke to the firm last week and told them all of the above, and they sent me a form asking for proof of income (I have none,) my expenses (none,) and bank account statements (which I obviously don't have.) They also sent me a Consent to Judgment form. Both of these I've just received within the last three days. I have not filled them out or sent them back.

At this point I'm looking for advice on what to do (if I should go to court, for example, or respond in any way) and how to maneuver around the judgment in the future. Right now I'm working with the Unemployment agency in my area to go back to school for nursing and I've already applied and qualified for a Pell Grant which will pay my tuition, fees and books. My concern is how to cash that check when it comes and if I should forgo getting another bank account altogether, because I can really not afford to have them seize the account when my Financial Aid for school is in it. I'm hoping that I may be able to get a part-time job (I don't really care if they garnish my wages, I'm not afraid of that) and pay off the debt entirely by the time I'm out of nursing school. I'm also wondering if a company will refuse to hire me because of an expectation of wage garnishments, and if I should say something about it upfront or let the creditors do it? Also, assuming I get a job, do I have an obligation of letting the creditors know I've gotten a job, or do I let them spend the time and effort to find out?

Any general tips would also be much appreciated. Thank you for reading.

Its been posted already, but I just want to stress DO NOT sign any forms they send you.

[treehugger1]

My own take is that I have no problem filing an answer to a small claims if properly served. I would only answer a circuit court case, if there was something significantly wrong with the amount listed in the suit. The rules of civil procedure seem quite complicated in my state and district, and one is expected to abide by them; plaintiff and defendant. I only have a couple of debts exceeding my state's small claims amount of $7500, so I don't have to worry too much about circuit court. While it is true that I could be sued for an amount under $7500 in a circuit court, I think most CA's/Creditors would find no point in this.

Other things I keep in mind. For civil issues under $50K, almost all (in Oregon) qualify for mandatory arbitration if one answers a large summons. But, the bottom line is that most of us know approximately what we owe and can probably recognize "reasonable attorney costs."

In my case, fighting a large dollar amount suit might buy some time, but knowing I would probably lose I would expect additional amounts to be awarded by the judge. Everyone has their own tolerance levels. Dealing with defaulted debts and judgments is not easy. It probably should not be easy. Hence, the BK Bomb.


Depending on your state, answering a summons can cost you to file the answer.

On the other hand, the small claims disputes I was able to attend ended with a payoff agreement made with a judge signing the agreement. Now, after a big wage garnishment hit me, I could not live up to one agreement, and a default judgment was entered and the amount was garnished later on. I bought a few months and also set teh stage that I attempt to file "denials" in small claims.


Perhaps you answered this already, but is there a court/case/suit number on file with your court? If it is legitimate, then it probably doesn't hurt to show up in court. It is very likely that the judge will sign off on judgment. But, keep in mind that in general a judgment is only an acknowledgement from the court that you owe money. While the judgment paves the way for the plaintiff to attempt to recover money, if you don't have any assets or are protected by exemptions and garnishment laws, then you have nothing to take.

In terms of signing a consent judgment, why bother. I have heard of such things, but I think these are usually not allowed in consumer debt disputes. But, I suppose different states have different rules.

Whether or not you update personal information with CA's/Creditors is probably up to you. I have a tendency to make it very clear what my mailing address is. I'd prefer to not have any "sneak attacks."

The bottom line is how much time and effort do you want to spend if you know you will file a BK soon?

Are there any low income legal firms in your area that can help you out?

Another thing to think about is does the judgment hurt or help you? If you have several unpaid judgments on the public info part of your credit reports, then you don't look too tasty to someone who wants their money quickly. Your credit will suffer, but most folk's credit is already in a death spiral before the courtcase or judgment ever occurs.

Just sort of rambling here

[CompTweaker]

Stop with your empty threats already. You're not an admin or mod. And It wasnt a personal attack on you. It was an observation no different from the one you made. Sorry you took it that way. Peace bro.

[allavdj]

In the blue corner....

Bigboy!

And in the red corner...

Comptweaker!

I want a good clean fight, obey my commands at all time...keep it above the belt...


FIGHT!

[CompTweaker]

Since when did post count = poorly informed???

.....and Im never hiding, although I would prefer arguments that get personal to the point of name calling be taken private. So yea you know what I like to say next....but I'll leave it at that.