Monday, October 1, 2007

I have a summons for court on a credit card dept. what do i need to know and do?

I have a summons for court on a credit card dept. what do i need to know and do?

The Answer : First of all, don't panic about this yet.How much is the debt? What state? Did the file in Small Claims or District Court.Is the summons even even legit? Some collection agencies like tosend out prepared copies of the summons to scare you.

You can verify it by simply calling the court and giving the case number that should appear on the summons. Was the summons legally served? Was it mailed to you by certified mail/return receipt? An improper service can get the case tossed out of court.

Generally you will need to bring any paperwork related to the debt. Credit Card statements, related bills, etc.Since I don't know what state you are in let me explain how Michigan works. Most should be similar.If the judge finds that you owe the debt you will have 20 days to pay the debtor.

At that time, the judge will issue a discovery order requiring you to list all of your assets, income, and bank account information. The debtor will then use this information to collect the debt.He can garnish your wages or your bank account.

He can go after any of your property like a car or boat (assuming there are no other liens against it). Be prepared to explain your case to the judge. Tell him the reason for your default, and see if the judge can order a payment plan that fits into your budget.

Be sure to bring a copy of your last paystub and a list of your expenses to support your plea. If you have any evidence of the collector being abusive in his collection attempts, bring that also. In one case I counseled, the collector was a total jerk.

The debt was around $3000, and the person was getting threats and calls at work, even after notifying them to stop.The collector won his case, but the judge ordered payments of $5 a month.Do your homework before you go

No comments: