Summons and filing bankruptcy

[momof3b1g]

We are in the process of filing a Chapter 7. We go again Friday and hope to file soon. Part of the reason for filing a bk was we received a sumons & complaint for an old cc from 3 years ago. We sent a DV letter. on The 24th of November. Yesterday we get a letter saying it was not valid according to the courts and are preparing papers for a default judgement. They said they would give us time to seek leagl advice or to get a letter together.
It then saus about the 30 days to dispute this. Should I have the attorney call them? Will they stop the default judgement? Or will they push things through faster if they know we are filing bk. We haven't filed but have retained the attorney.

[allavdj]

If you will be filing in the immediate future (less than say...45 days) I wouldn't really sweat it. They still have to file with the court and set the court date (this could take a matter of weeks or months depending on how backed up the local courts are). Once they get the judgment then they have to get the garnishment, start the garnishment, etc. Once you file; any type of garnishment, judgment, etc will stop (and eventually go away once the BK is complete).

In short, if you are about to file...I wouldn't loose any extra sleep over these guys.

[BigJohn]

We are in the process of filing a Chapter 7. We go again Friday and hope to file soon. Part of the reason for filing a bk was we received a sumons & complaint for an old cc from 3 years ago. We sent a DV letter. on The 24th of November. Yesterday we get a letter saying it was not valid according to the courts and are preparing papers for a default judgement. They said they would give us time to seek leagl advice or to get a letter together.
It then saus about the 30 days to dispute this. Should I have the attorney call them? Will they stop the default judgement? Or will they push things through faster if they know we are filing bk. We haven't filed but have retained the attorney.

I think the problem revolves around the summons. You got the summons and it appears you didn't answer the summons but did a DV. I think what the court wants is a response to the summons.

I just got a summons and it was nothing I expected. The only thing they produced was a copy of the original Card Agreement that was dated on the last page with a date of 3/07. The agreement does not state what the charges are for being late, overdrawn, interest, etc. None of that is listed. As far as the debt is conserned, they didn't list an account number, when the account was opened, or any of that stuff. I am suppose to believe this is a valid debt but I don't even know what the account number is.

[momof3b1g]

I think the problem revolves around the summons. You got the summons and it appears you didn't answer the summons but did a DV. I think what the court wants is a response to the summons.

I just got a summons and it was nothing I expected. The only thing they produced was a copy of the original Card Agreement that was dated on the last page with a date of 3/07. The agreement does not state what the charges are for being late, overdrawn, interest, etc. None of that is listed. As far as the debt is conserned, they didn't list an account number, when the account was opened, or any of that stuff. I am suppose to believe this is a valid debt but I don't even know what the account number is.

I sent them a letter stating they had to prove to me i legally had to pay them. They said who the original creditor was and account number. Other then its listed under my ss#. They have no proof(i haven't seen any anyway)that it is my debt.
DH has had things listed on his CR that weren't his.
How are you supposed to awnser the summons?

[StartingOver08]

There is a specific way to answer a summons, several specific ways. Go to www.creditinfocenter.com and look under the stickies for responding to a summons. (This is free information, not legal advise)

[momof3b1g]

There is a specific way to answer a summons, several specific ways. Go to www.creditinfocenter.com and look under the stickies for responding to a summons. (This is free information, not legal advise)

I don't see anything for awnsering a summons.

[StartingOver08]

Ok - should have been more specific. Go to the site at the top of the page is a section called "Forums" - click on that section and it brings you to the discussion forums. There are all kinds of areas in that site - one of which is titled "Is There A Lawyer In the House?" - click on that section and read the stickies - there is loads of information on summons - how to respond etc. You can ask questions about your specific situation. First read the stickies to see if your question was already asked and answered....it is very informative, and free.

[momof3b1g]

Yes I have been to that site. And used a letter. But according to the CA, they said its not good enough. I still don't know what they expect my awnser to be. Except i owe you here is a check.

[StartingOver08]

You can not answer a summons with a DV letter. You have to answer a summons with a responce that conforms to your states Rules of Civil Proceedure (RCP). That is why I said look at the stickies because it gives you many, many samples on how to answer. Since you plan on filing soon really it is pretty much a moot point. Make sure your attorney for the BK has a copy of the lawsuit to put in the filing for you.

[BigJohn]

In my summons, it was broken down into various parts.
Parts 1-2 was labeled PARTIES
Parts 3-5 was labeled JURISDICTION AND VENUE
Parts 6-14 wa labeled AGENERAL ALLEGATIONS
Parts 15-20 was FIRST CAUSE OF ACTION

REQUESTED RELIEF was listed as a new section as 1-3


I belief in order to answer a summons properly, every point 1-20 and 1-3 have to be answered.

I am not sure, but I think you can add your own doscovery questions.

[momof3b1g]

Well then i was told wrong. I asked when we first received it and was told to send a DV letter. Validating the debt etc. I was told they had to validate and show proof that i owed them the money. They said that most CA don't have proof.

[StartingOver08]

The DV letter is what you send when you receive the DUNNING letter, not the summons. The dunning letter is usually the first letter/communication sent to you by a CA.

[momof3b1g]

The DV letter is what you send when you receive the DUNNING letter, not the summons. The dunning letter is usually the first letter/communication sent to you by a CA.

I was told differently and seeing nothing was filed with the courts. It really wasn't a summons. LOL But of course they say it is. I wasn't supposed to contact the courts but contact them for arrangements.

[treehugger1]

I am a bit confused by this thread. If you receive a summons, then it should clearly indicate the court of jurisdiction, and I would assume some type of court administrator seal. I would also assume there would be some court reference number that would be "referenced" in any response/answer you file. The BEST thing you can do is contact all courts who you feel might have jurisdiction and ask them what legal actions might be pending against you. I do this every 10-14 days. One could call this paranoia, but I sleep better knowing the answer; good or bad. LOL It appears that in this case, the papers were truly not anything filed through your court system.

By the way, it is important that if you choose to provide an answer to a civil suit, you do so under your state and LOCAL rules of civil procedure. Failure to do so could result in your answer being ignored. Every state, and some districts within a state, have their own rules. If you are going to play the game of answering a civil court summons, then make sure you know and play by the rules. In addition, many civil court rules require that you officially serve your answer upon the plaintiff, another potential cost to you.

[ssdsco]

This sounds like a CA playing games and not a summons. In this case it doesn't sound like they even filed a lawsuit let alone served it.

Both Cohen & Slamoshitz and Forster & Garbage filed suits 6 months ago and never had them served. Both are playing games sending legal looking documents via regular mail.