This is just a little informational piece for anyone who might be dealing with delinquent debts. It's an overwhelming problem today and many debtors are left with no options and take the ostrich approach and bury their heads in the sand. Don't run or hide! Face your debts and speak the truth. Most debtors have the sense of obligation and want to make right on their debts, but have the inability to do so. Everyone has had some sort of hardship in their life that may have left them behind the eight ball when it comes to finances.
A few things to keep in mind, there is no such thing as a debtors prison. Just because you got behind on something does not mean you are a bad person, or that you are a criminal and need to be taken to jail.
You may receive a summons to appear or file a written answer. Be mindful of the dates and make sure you do file some type of written answer. In most cases the balance that a creditor is suing for will be much higher than the balance you actually owe. You have a right to dispute that balance. The creditor will be going for a summary judgment which is like a murder trial with no evidence or witnesses. In your answer, request a bill of particulars or a time for discovery in which the plaintiff should produce your original signature on a cardholder agreement, every statement from the initial opening of the account through the last charge added to the account. The last charge may be a late fee, over-limit fee, or interest.
Once your answer has been filed with the court clerk, send a certified copy to the opposing attorney to insure that it is properly delivered. From there sit back and wait. watch the correspondence and make sure that you do not miss a court date or appearance. Many people fought hard for your right to a fair trial and you deserve one. Don't let the big banks or collectors bully you.
*This is not intended to be legal advice, just an example of ways in which to help yourself when dealing with consumer debt and attempting to regain financial control.
Friday, October 26, 2007
Answering a Court Summons for a Debt.
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2 comments:
Being sued by a credit card company may seem frightening to some but if you know the proper method on how to respond to a summons, you can get away with a favorable decision without even hiring an attorney. Some people tend to ignore the summons they received from court. They don't know that this only adds more problem because you end up with the default judgment because you automatically waiver your right to defend your case against the debt summon. To know more about on how to answer a summons, please visit www.answeringasummons.com :) It worked for me! Hope that helps! ;-)
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