Posted on
November 6, 2007
at
2:30 pm
My husband and I have found ourselves...no wait...have allowed...ourselves to get in a very bad situation financially. We are in quite a bit of debt. Due to income loss and such we have had trouble paying our debt. I know my mistakes...I admit to them. I am embarressed. I know on other forums when I asked this question I was slammed with responses like "well that is what happens when you don't pay your debts." Forgive me but I am not looking to be kicked when I am down. My husband and I want to start making things right. Without constructive advice we are finding ourselves feeling lost and hopeless.
Ok...let me get to the point. I need advice on how to handle this summons. The summons has NO court date but it was sent certified from the municipal court in my city. The amount asked for is not inflated. There are over the limit charges and late fees attached but it is not overblown. Statue of Limitations does not apply as we did have a payment plan with this card company over a year ago. They deducted $150 a month directly from our checking account interest free for one year. They did not want to do that for us again. They asked for a high amount and we were unable to pay. The plantiff on the summons is the credit card company and not a collection company. I don't think this has ever been in collections. Although there is NO date it does state that if my husband fails to appear and defend judgement by default will be rendered against him for the balance. There is no date...is that just always on there? This was filed on Sept. 25th but we did not get it until thrusday of last week! It does include a statement.
I am not looking to play games. This IS our debt. We do not want to dispute that. We just want to start making things right. What should my next step be?
Also...we have other bills in collections that have not been paid in a very long time. We don't have a summons yet on those...but we want to avoid that. Should I send certified letters asking for a fair payment plan and my intent to finally make things right?
Thanks so much for your time, I really appreciate it more than you know!
Posted on
March 29, 2009
at
5:28 pm
The first thing I would do is call the court where it was filed and ask them if its legit. if you fail to appear but don't have a date when to apear seems funny to me. Check it out. Then go from there.
Posted on
April 1, 2009
at
4:37 pm
i dont know but maybe you should phone the court and see what it is about, i hope this never happens again
Posted on
April 4, 2009
at
1:46 pm
If there isn't a date on the summons, it isn't a true summons. The law says you must be provided with a date. End of story. Now, call the court and give them the file number and ask them what they have in their records regarding a set court date. This happened to my son and when he checked with the court he learned no date was set. The sending party, in his case, violated the FDCPA. If he had the time and money he could have sued the idiot. You may be in the same type of situation.
Posted on
April 4, 2009
at
1:47 pm
Call them at once. I now it is difficult. I received a court order a little more than a year ago. I began paying on the debt. I guess I wasn't paying fast enough. So they garnished my check. They took more than half of my pay until it was paid in full. As soon as that debt was cleared I lost my job because we got a new boss and she didn't like me (and in Missouri they have the right to fire you for no reason at all). I really wish I had called before I was ever served with the law suit papers. But that is in the past and I am now doing all I can to become debt free.
Posted on
April 4, 2009
at
2:02 pm
The first thing I would do is call the court where it was filed and ask them if its legit. if you fail to appear but don't have a date when to apear seems funny to me. Check it out. Then go from there.
Posted on
April 4, 2009
at
2:14 pm
I think you should call them. Get a clear picture on the summon. You also need to call the credit card company to see what is the best arrangement for the repayment of the default.
