Originally posted by WhatMoney
View Post
A court summons does not have to contain any proof of your debt, including the original account number. It should list the money value of the debt they claim you owe and the name of the plaintiff. They have complied with that.
If you don't appear, despite your filing an answer, you will get an automatic default. It's possible the judge may ask for more evidence of the debt, but that is not his job so don't count on that.
If you appear, you should claim they have provided no evidence the debt is yours or they have the right to sue you, and that they need to provide proof to the court. That is what a hearing is for - to challenge the plaintiff if you think the debt is not yours or they have no evidence that it is. Any competent attorney will have evidence to present to the court at the hearing, and the judge will then rule for them. Your only hope it that they either do not show for the hearing, or they fail to bring the evidence. If they do not have the necessary proof of debt the judge may simple give them another 30 days to deliver it to the court. It is the court that needs to be convinced the debt is legitimate, not you.
If you attend the hearing please let us know what happened. So many posters just drop out of sight after a hearing and we never know the result.
If you don't appear, despite your filing an answer, you will get an automatic default. It's possible the judge may ask for more evidence of the debt, but that is not his job so don't count on that.
If you appear, you should claim they have provided no evidence the debt is yours or they have the right to sue you, and that they need to provide proof to the court. That is what a hearing is for - to challenge the plaintiff if you think the debt is not yours or they have no evidence that it is. Any competent attorney will have evidence to present to the court at the hearing, and the judge will then rule for them. Your only hope it that they either do not show for the hearing, or they fail to bring the evidence. If they do not have the necessary proof of debt the judge may simple give them another 30 days to deliver it to the court. It is the court that needs to be convinced the debt is legitimate, not you.
If you attend the hearing please let us know what happened. So many posters just drop out of sight after a hearing and we never know the result.
Thank you!
Comment