Answering summons to hold off judgement?

[cyn5]

Really weird - debt is only for $500 and collection agency served me with a summons. I called the court and they state there is a $75 fee to file an answer! Yikes. I guess I could fill out something to have it waived (but not sure how they determine to waive it for you). Perahps I can tell them we are filing bk soon and that is enough for them to waive the fee:-)

Anyways, should I even care and let them enter a default judgement against me for the stupid $500? We are filing bk soon in the next couple of months (I hope). Or should I just show up in court that day and if so what do I tell the judge? I would also like to note that I never received any validation of the debt from this collection agency, basically sent me one collection letter and the next thing I know I have this stupid summons.

[albacore44]

Really weird - debt is only for $500 and collection agency served me with a summons. I called the court and they state there is a $75 fee to file an answer! Yikes. I guess I could fill out something to have it waived (but not sure how they determine to waive it for you). Perahps I can tell them we are filing bk soon and that is enough for them to waive the fee:-)

Anyways, should I even care and let them enter a default judgement against me for the stupid $500? We are filing bk soon in the next couple of months (I hope). Or should I just show up in court that day and if so what do I tell the judge? I would also like to note that I never received any validation of the debt from this collection agency, basically sent me one collection letter and the next thing I know I have this stupid summons.

Whay court/State ?? Who was original creditor. Some courts are way backed up , and it could take a year to get you in there.

[cyn5]

Court date is set for first week of May. Colorado. What do you mean courts are backed up? If they were so backed up, why did they get a court date so soon? Do you mean that once you file an answer, they are backed up? I am wondering if I just let them get a default judgement and it will be vacated anyways after I file bk in the next couple of months.

[treehugger1]

Not all court systems are "backed up." Is this a local small claims? If so, then $50 - $100 to provide an answer is not uncommon. Small claims results can move very quickly in some states.

In my state, $75 to file an answer for "above" small claims would be a bargain. Above the county/state small claims, it costs consumers about $190 to file an answer. In adition, one has to deal with the possibility of pre-trial discovery and each response costs the consumer even more.

You are only entitled to debt verification if you requested it. This is a requirement for third-party debt collectors under federal law, but some states apply this request to original creditors as well.

If the suit occurs in a federal court, then the cost to supply an answer may be inexpensive. You need to do some due diligence that is related to your particular state or regional federal court rules of civil procedure.

If you are within a few weeks of filing, then an answer to a suit will probably not be relevant.

[MiSSMaGoo]

Court date is set for first week of May. Colorado. What do you mean courts are backed up? If they were so backed up, why did they get a court date so soon? Do you mean that once you file an answer, they are backed up? I am wondering if I just let them get a default judgement and it will be vacated anyways after I file bk in the next couple of months.

Hey Cyn5. I'm CO too and was summons back in Dec for a $500 Capital One acct. Kind of amusing that they went through all that for $500. Anyways my first court date was Dec 18th and I did file an answer and then it was re-scheduled for Feb 5th which ended up being the day I filed and I didnt go that court date also. Well obviously they didn't know immediately that I filed that day and then I received another extension for a court date in May. It kind of told me that it really wouldnt have mattered if I had filed an answer or not. Just letting you know my experience.

[albacore44]

Hey Cyn5. I'm CO too and was summons back in Dec for a $500 Capital One acct. Kind of amusing that they went through all that for $500. Anyways my first court date was Dec 18th and I did file an answer and then it was re-scheduled for Feb 5th which ended up being the day I filed and I didnt go that court date also. Well obviously they didn't know immediately that I filed that day and then I received another extension for a court date in May. It kind of told me that it really wouldnt have mattered if I had filed an answer or not. Just letting you know my experience.

how long had you not paid before they filed ?? I see a lot of Cap 1 in the 1-2K range on the docket in our court, but they were filed about a year ago, and just now making it to court

[MiSSMaGoo]

how long had you not paid before they filed ?? I see a lot of Cap 1 in the 1-2K range on the docket in our court, but they were filed about a year ago, and just now making it to court

Hold on I will check right now. Got my folder right here on my desk somewhere... April of 2007 was last pymt & the first court date Dec 18 2008. But also keep in mind when I answered to that and it was re-scheduled for Feb 5 and I didnt show up at all I recevied a letter saying I have a trial set for May 7. So maybe the next step wasnt a judgement but just another court date...

[albacore44]

Hold on I will check right now. Got my folder right here on my desk somewhere... April of 2007 was last pymt & the first court date Dec 18 2008. But also keep in mind when I answered to that and it was re-scheduled for Feb 5 and I didnt show up at all I recevied a letter saying I have a trial set for May 7. So maybe the next step wasnt a judgement but just another court date...

could be their attorney did not show either. I saw a lot of that in our court records. they would use these firms from san diego county and file to get people in our county, then attorney would not show, and then future date is set to determine whether to dismiss. what a waste of time for $500 bucks

[MiSSMaGoo]

could be their attorney did not show either. I saw a lot of that in our court records. they would use these firms from san diego county and file to get people in our county, then attorney would not show, and then future date is set to determine whether to dismiss. what a waste of time for $500 bucks

I know, right. Well either way I'm glad I'm done with that part of it. Now I want to sue them for the $75 answer I filed. LOL

[cyn5]

Yeah, you guys are right. Seems like a whole lot of b.s. over $500. Debt is not for a credit card, but for a class I took at at one of the local colleges and then dropped last year. School said I owed the $ and turned it over to a local collection agency. I am assuming the collection agency purchased the debt since the school probably just wrote it off.

I don't really care if it ends up as a judgement on my stupid credit report (can't make it any worse than it already is!). I am not sure but I believe here in Colorado that in order to get a monetary judgement you have to be served in person or something (I will check on that). When I called the court and asked how they stated I was served, they stated it was refusal of service (I was never served...it was just left on my doorstep).

Is it possible that these collection agencies just get court dates and their lawyers really do not show up in court and the court date is changed? Sounds rediculous to me and I would think that if certain collection agencies have a habbit of doing that, the courts could bring action against them.

[treehugger1]

If it's a local collection firm, they will probably show up if you answer. Is this in small claims?

[cyn5]

I am assuming it is small claims....how do I tell?

[treehugger1]

In my county and state, the summons states Circuit Court - Small Claims. Small claims is pretty simple for both parties, and no attorney need be present. The CA can represent themselves. In OR an attorney cannot represent the plaintiff in small claims.