Just Received a Court Summons

I had the same thing happen to me recently. I contacted the attorney the company hired and they e-mailed me some forms to fill out that asked for AOLT of information that I had to then fax back. I was able to work it out with them so that I am paying $100.00/mo until the debt is paid. They have been really good to me. There was one month that I wasn't able to pay the full $100.00 I had agreed to and they worked with me. Good luck.

look into DaveRamsey.Com There is a LOT of financial advice on the website. You can even download podcasts and hear Dave answer this question. He usually has a question come up like this once a week. His entire podcast is great info.

Call and talk to them. Nothing will get you in trouble faster than trying to ignore the problem. I wish I had done that when this happened to me. Bottom line make a deal. Even if you can only pay $10 a month make the deal and stick to the payments. Go as low as they will let you on the payments and don't miss one. They would have to take you to court and spend a good bit to take anything from you but they could try to garnish future wages. If you are making an attempt to pay most companies work with you.

I would move my $$ to a savings account for your child. You still have access to it but it's listed under their name too... or just pull it from the bank.

This was just covered in a class I am taking and from what I heard, you can't fight the judgement but you can ask the judge for something called a "slow pay" option where you set a certain amount that they will garnish each month...or something like that, maybe you can look it up online. I wish you the best, one of my sons is facing that and I am very worried for him.

Hi A.,

Start using your money on a cash/money order system until you can pay this debt a little at a time.Take your paycheck to the employer's bank, get the cash, go to loaf n jug.or grocery store, and buy money orders for bills. I kept with my whole routine of putting money in my account, and in one day the creditor took 66% of it out.Then they did it the next payday too. Very hard lesson, as I am the main income producer in my family. If nothing is in the bank...they have nothing to take! Leave only enough to keep the account open

Hi A.:
I have been where there. I read through the other responses first and agree that you will have to pay it, but it is not hopeless. If you can sit down with someone you know who has Quicken and develop a realistic budget, that could help show the collection company how you are financially. You can talk to the attorney on file and try to set up something even $20 is something. Dave Ramsey is a excellent resource, he talks about selling things like a garage sale or ebay. I will admit that I talked to friends and family and got help. I wish I could help you more, it is scary and loney but you are not alone. Take care and God Bless
M.

set up a payment plan. It isn't worth fighting if it is your debt. Be responsible and pay it off. Can you cut back somewhere else? Cable tv, cups of coffee or cell phone package? Good luck.

I would call the company and try to work out a payment plan. NEVER give them your account information and if they already have it, close the account immediatly! If this is your debt and you owe it, than usually you can work out a payment plan. I would not pay for an attorney unless this is not yours. Then get on a budget and figure out how much you can give them every month. Just do not give them your account, they will clean you out. Get a payment plan and make sure you can pay it every month. Be nice, and just work with them. Good Luck, If you want get a great opinion from the DAVE RAMSEY show or email him. Get his opinion.

If you live in Idaho call 211 and ask to talk to the lawyers that answer questions for free. They will tell you what you can or need to do.

There is a book by author Kevin Trudeau called Debt Cures "They" Don't Want You to Know About. It has a ton a great advice and may be very useful for your situation. Good luck.

Wow, A. sorry to hear your bad news. I dont know what law are like in Colorado but I am a bill collector here in my home town. I cant really offer you words of advice or anything but I do know that collection agencies in Montana dont buy the debt they are paid a monthly fee for collecting it. Also if it has already gotten to the point where they have filed the summons and complaint then it has been in their office a very long time it can take up to a year and a half in my office with court paperwork and everything. Well I guess I do have a little advice. Close your bank account and open one in a completely different bank. The judgement is going to be on your record for 10 years or until it is satisfied and then after its satisfied it will still remain on ur credit until the 10 years has subsided. Other than that I dont really know what else to say. Other than good luck. Also the company can attach to any liquid assets, property, bank account, savings accounts, payroll.... anyway sorry to hear about ur bad luck, hope it gets better soon.

Hi A.. I worked for a collections agency a few years ago. Yes, they can file motions with the court to take whatever funds are in your account. BUT, if you contact this company now, explain your situation and make some type of payment plan with them they cannot come after you. Make some type of monthly payment plan with them for whatever amount you can afford, even if it doesn't seem like much, so that you can avoid the judgment, wage executions, etc. Good luck!

All they can do is garnish any wages, if there are none then I am not sure. I am in the same boat to some degree. I have some outstanding credit cards I inherited in the divorce, I have two younger kids, work from home and am barely getting by. I have talked with all creditors and have explained I have nothing nor do I have any assets for them to even bargin with. No equity in my home and they can just place the judgement on me as there isn't anything I can do.
Some companies will take as little as $20 a month if you can spare that. Just call them, call the local legal dept in your city and ask them over the phone what your options are.
I personally had PERFECT credit three years ago, due to the economy, my divorce, paying attorneys due to the divorce, daycare costing more then I can make, my credit is a wreck and it makes me sick to my stomach owing anyone, but first priority for me is my kids, keeping a roof over their heads, utilities and food in the fridge......sucks and I am so sorry.

I would talk to an attny. Most have a free consultation. Seek basic advice. You might have to pay it.. but protect yourself first. Go with the "money in a coffee can" savings plan. Even if it is only enough to get you through the month... It isn't in the bank for them to take. Talk with the judge about a grace peroid to pay off your debt. Bring evidence of school and being a single parent. You might end up with a part time job for a while.

Best of luck

Hi A.,

Yes, they can take anything that has your name on it. Take your money out of the bank. Moving it to another account doesn't help. They will track that down eventually. They can seize anything in your name, car, home, etc... It really stinks. I have a judgement on my name. I will begin working in Jan. I know they will garnish my wage. I want to pay the debt. I want it gone. I haven't had any means to take care of it. Good luck! Be careful...

If it's a valid debt you MUST fulfill your obligation.

If you don't recognize the debt the burden of proof is on the company and they must provide it.

Follow the instructions of the summons. Type a simple response and plead for patience and offer your willingness to work out a payment plan with the clear explaination of your current employment status.

Be honest and honorable.

Pay very close attention to the wording of the summons and any dates given.

Also make sure you send any letters CERTIFIED to support and protect yourself so you don't default into judgement. Be sure you summit your response to the court.

That's all I can think of...you could, of course, consult an attorney.

Move with courage,

Hi,
I was a paralegal for a long time and lots of the work we did was collections like yours. Yes, they can levy your bank account and when they do, anything that is in your account, they will get.
Honestly, these people just want to be paid or have you recognize your debt. Call them. See if you can negotiate a smaller amount. Many companies will accept less if you make a lump sum payment. If that is not an option, ask for a payment plan. You do not want this judgment on your credit record. It will be a problem later.

I worked for a collection attorney...Possibly the same one that has given you a summons. What everyone else is saying about "discovery" is true, except that all the judge needs for a judgment is a bill proving it's yours. You could dispute all you want, but it won't do any good. They will probably keep going to a garnishment. Call the attorney's office and ask if you can set up some kind of payment plan. Be NICE on the phone. I hated being yelled at by people that tried to make it my fault that the company they owed money to wanted to be paid. If you are pleasant you can probably work this out. If you get an ornery employee, you can request to talk to the attorney directly, which may get you further. Just remember not to lose your temper. Don't shoot the messenger! Good luck!

Have you tried Legal Aid?

A., contact the attorney listed and make arrangements for payments. A judgment may or may not be entered if you do this. If you don't take the steps to address it, a judgment will be entered and the attorney will garnish wages and bank accounts. It really sucks when you have all the money in your bank account attached and garnished for a debt when you need the money for everyday living expenses. Also, if you have the ability to make a lump sum payment in the amount of 60-75% of the total debt, sometimes the creditor will take that as payment in full. If not, work out payments and make sure that you make them in a timely manner to avoid the other collection efforts that are available to aggressive debt collection attorneys. I am an attorney and this is the advice that I give to clients in similar situations. Hopefully, this saves you from having to pay a consultation fee elsewhere. :)

First of all you have a right to request discovery - which means they have to prove this is your account. Most times when the debt is sold the contract with your signature is not.
Do not admit this account is yours - whatever you do. I have had some experience with this and there are some great consumer websites to educate you on debt collectors. What was this debt? Credit Card, hospital bill? When did you default on it? What state did you default in? What state do you live in now? If you want to send me a private message with the info., I will try and point you in the right direction for your research. Take care,
Tam

If you're in school full time, see if your college/university has an ombudsman. She/he is an attorney hired by the university for the students' needs. At my university, using the ombudsman was free.