Summons For Credit Card Debt

I have read alot of detail forums and comments regarding what I can do. I have recieved a summons (civil case) for a credit card debt. From what I have read, you can response to the summons that you are defending it. From there, I can send a letter to have them provide proof that the debt (or file Discovery) is mine to the collectors. If they can not provide proof, I can get the case dismissed. Is this true?
From collection agency that bought my debt from the credit card company. Better to file bankruptcy or try to have them provide validication to the debt with documents. If all fails, then fail bankruptcy? What is the best thing to do first?

Is it the actual credit card issuer or collection agency?

Please go immediately to budhibbs.com for advice on how to handle this, or register at creditboards. They are very helpful and will help guide you through the process.

Oh, and if you don't show up for court, you CANNOT be arrested...they will get a default judgment against you, but not appearing on a civil case is NOT a crime. They are counting on you not to show up...99% of the time, their rent-a-lawyers have no paperwork and nothing to back up their "case".

2007-07-23 21:16:41 by hello

www.TheCreditCardSolution.com- Free Videos educate you on your rights under federal law and how to defend yourself and prevent legal judgments.

My husband got a summons from a credit card debt a week ago. It says that we have 20 days to write them. What will happen after we contact them and what could happen if we didn't contact them? What is the worse that could happen. There is no way we can pay the debt. It is for $7000.
It came though the mail..

First of all, is this from the original creditor or a collection agency or law firm hired to collect? If it is from someone other then the credit card company, then follow these steps:
1) is the summons real, summons are issued from a court. It should list the court address, date of hearing and a docket #. IF this info is listed, then contact the court to verify that it is truely a legal summons. If this is not indicated then it is not a legal summons. It is just their way of getting your attention.,

2) if it is NOT a summons reply with a request for "validation" of the debt. This stops any further legal action for 30 days. They must provide you with proof that they own the debt legally or have been legally authorized to collect it from you.
A complete payment history documented from your original creditor. This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004.
A copy of the original loan contract that you signed with your creditor.

2) check to see if this debt is within your states statute of limitations to take legal action. If it is beyond your states SOL, then they can not take legal action to collect in court. Use the following link to find your states SOL
http://www.creditcards.com/credit-card-n ews/credit-card-state-statute-limitation s-1282.php

If it is past your states SOL, then DO NOT contact them except to send a cease and desist letter. If you say you want to make payments or acknowledge the debt is yours, then you will re-set the state SOL and you will wind up in court.

DO NOT ignore them if this debt is within your state SOL, doing so would give them a 'Default judgment" If it is a summons, SHOW UP IN COURT.

You may be able to work out some form of payment schedule with them if it is from the original creditor.

Hope this is of help to you.

NOTE: This communication is not intended as and should not be interpreted as legal advice but is intended solely as a general discussion of legal principles. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to constitute legal advice to any person reviewing such information..

2009-01-30 13:36:35 by kathnjerry

i was summons for a credit card debt i have. it just says i need to go to my city court but there is no date or time or anything.... What if i dont go?

Something is wrong here a real summons would not only have a date and time but would also list a case number.

If I were you I would call your local court clerk and find out if this is real and if it is where is the rest of the required information.

If it turns out to be real, then if you don't show up they will win by default and you will have a judgment against you. This means they can attach bank accounts, garnish wages (if your State allows it) and file liens on any real property you may own like cars, boats, land and homes.

Try and settle before you go to court (if it's real) this way you will avoid the judgment showing up on your credit.

2009-04-17 12:36:15 by Jim

can the court send a person to jail
for not paying a credit card debt?

Not for Credit Card Debt. But yes for not answering a court summons.

2006-04-19 20:07:31 by cooldog

my cousin is a laywer.
can she help me me in california?

Is she licensed to practice law in California? If not she may be able to recommend someone there to you.

2006-04-19 20:54:53 by cooldog