Help Fast....

I don't have time (right now) to read and learn everything I need to. I got issued a summons by a creditor or court (I don't know how it all works yet).. It was based on a real debt, but it has changed hands so many times now (attorney's for collectors) that I don't actually know who REALLY owns the debt rights.

Anyway, I need to know what to do right now. and what to expect. I have had the summons since Sunday (they ruined a perfectly good Father's Day). I have 28 more days left to respond in writing, but I don't know what to say, how to say it or who to say it to?

I'm past the collection agency letters. I unknowingly threw them all away, so I don't have any proof of anything, and the debt was a credit card.

Do I write to the Court, to the Plantiff' attornyes? both, neither? what do I write?

[Judge Roy Bean]

Originally Posted by Kris

I don't have time (right now) to read and learn everything I need to. I got issued a summons by a creditor or court (I don't know how it all works yet).. It was based on a real debt, but it has changed hands so many times now (attorney's for collectors) that I don't actually know who REALLY owns the debt rights.

Anyway, I need to know what to do right now. and what to expect. I have had the summons since Sunday (they ruined a perfectly good Father's Day). I have 28 more days left to respond in writing, but I don't know what to say, how to say it or who to say it to?

I'm past the collection agency letters. I unknowingly threw them all away, so I don't have any proof of anything, and the debt was a credit card.

Do I write to the Court, to the Plantiff' attornyes? both, neither? what do I write?

The ownership of the "debt rights" may not be an issue - you indicate it's a "real debt," so you're faced with how to respond to a situation where the current owner of the debt is taking you to court to get them to rule on the validity of it and issue an order requiring you to somehow pay.

Rather than get into the esoterica and mythology so prevalent on this site, I would suggest you visit another forum or two that has a focus on real-world legal issues:

www.creditinfocenter.com

Click on the forums.

[masterduke]

Maybe an "affirmative defense" or "motion to strike" since you do not have the "facts" to make an assesment of your role, if any, in this alleged debt. Sorry to hear of your misfortune. Try to calm down and take some time to research and file your motions. These debt attorney skanks prey on people all day long and they know that most people don't know what to do even answering their complaint. If you file a motion to strike or dismiss or demmuer then a court date will be set for that hearing. at which time you may want to move the court to grant you discovery so you can research what is really going on. Just because the creeps allege all of these things in their complaint does not mean they are correct by any means. Reading the complaint word for word and getting familar with "legaleze" will help to start to understand what they are trying to pull. If you don't answer their claim then everything in the document they allege is "Admitted". If there is anything at all that you believe is false then "Deny" would be your answer. If you really don't know what they are talking about then "Without Knowledge". Each numbered paragraph that is their allegation that demands "answers". If you can afford a competent consumer advocate attorney that would also help. The debt attorneys can be beat or at least dealt with effectivlly by knowing the game, therein lies the rub, ther is allot to learn, not allot of time to learn it. Getting with your local law library will help as well.

I'm probably just going to have to file bankruptcy as I cannot learn this stuff fast enough. I don't even know how to file a motion.

[mrg]

I did not mean to be harsh in my reply on the other thread.

I really apologize.

Even if they get a judgment, they still have to collect on it.

That means they have to serve notice for discovery of assets on you.

From what I gather, these courts are set up as courts of equity.

The credit card company sends a monthly billing statement that is an equity claim.

The judgment from the court is only an equity statement.

The courts are a commercial corporate business enterprise.

Courts barrel through cases as quick as possible and as many as possible because they want to show on the court's record that they have a $$ amount claim.

The courts sell the judgments to companies like Wal Mart, who sell them to foreign and domestic commercial paper merchants/scavengers etc.

Do you have all your billing statements from the account you are being sued for?

If so, add up all that you have "paid" into the account.

That is your vested interest.

If the amount you have already vested is greater than the amount they are claiming, then even if they "win," your vested interest has already offset their "claim."

Masterduke posted some good things.

There should be some way to ask for more time to prepare.

If you have some $$ a Black's Law Dictionary 6th Edition is a good investment.

Richard Cornforth "Beating Up on Debt Collectors" is a good book and can be downloaded from the internet.
http://www.commonlawvenue.com/Misc/2...ectorsrev4.pdf

http://www.budhibbs.com has lots of info, and maybe has info on the people that are suing you.

Here is some good info:
How to answer a lawsuit from a debt collector
http://www.suijuris.net/forum/downlo...do=file&id=232

Here is some info on Vacating a Judgment, should they get one:
http://www.creditinfocenter.com/lega...udgments.shtml

Its really important not to get down on yourself.

The credit/debt racket is insidious, and preys on people.

It really is a vicious thing.

This may be a stupid question, but why can't I just write a bond for the amount (backed by the US Treasury)?

I don't understand how it all works.

[mrg]

Originally Posted by Kris

This may be a stupid question, but why can't I just write a bond for the amount (backed by the US Treasury)?

I don't understand how it all works.

You can't because you don't know how it all works. It takes time.

[Ice]

The time to prepare for these type of attacks is when they don't seem possible. One of the reasons so many people end up in court is simply because they have assets tied into their SS #, they have no "financial privacy."

How many of you realize that, if the alleged debt is great enough, you could be forced to sell your home to cover the judgment. Yep, it could happen to you. I personally know a young man that was forced to sell an automobile that he "owned" in order to cover a debt. He had a bit of money left to himself after covering the debt but he lost his mode of transportation which caused him further injury.

Just think, if he hadn't had that car attached to his name and number he couldn't have been forced to sell it.

There are many dangers threatening your wealth and financial security. Learning how to thwart those that would take your hard earned living from you is one of the issues that sites like this address.

It is consistently suggested that folks learn their local court rules and prepare for these types of situations when skys are blue. Unfortunately, most don't think of this until the thunderclouds appear in the sky.

Ice

[gratisman]

Originally Posted by Kris

I don't have time (right now) to read and learn everything I need to. I got issued a summons by a creditor or court (I don't know how it all works yet).. It was based on a real debt, but it has changed hands so many times now (attorney's for collectors) that I don't actually know who REALLY owns the debt rights.

Anyway, I need to know what to do right now. and what to expect. I have had the summons since Sunday (they ruined a perfectly good Father's Day). I have 28 more days left to respond in writing, but I don't know what to say, how to say it or who to say it to?

I'm past the collection agency letters. I unknowingly threw them all away, so I don't have any proof of anything, and the debt was a credit card.

Do I write to the Court, to the Plantiff' attornyes? both, neither? what do I write?

First of all what do you mean it is a "real debt"? What kind of obligation are you talking about? Is it secured by some kind of real property?

Secondly, what did you do that you stopped paying?

I may have a letter that may be able to help you.

Originally Posted by gratisman

First of all what do you mean it is a "real debt"? What kind of obligation are you talking about?

Credit Card debt.

Originally Posted by gratisman

Is it secured by some kind of real property?

No. But I have a truck that will be paid for this month. What a coincidence.

Originally Posted by gratisman

Secondly, what did you do that you stopped paying?

Three years ago, I left my job to into business for myself with a company called NASE (they sell health insurance) but they lied to me, stole my leads and a district manager got fired over what happened to me. But I didn't want to try and work for a crooked company and I had run out of savings, half of which I paid debt with. I cashed in my retirement to do it. which was only about $25000.

So then I was forced to find another job, I got one right away after having to borrow money from a friend to pay my rent.

But i no longer had enough money to pay for anything more than my food, truck, gas and rent.

I finally found a great paying job and started to put money in an account to pay off debt (at this time I wasn't hearing anything from any creditor).

I got married. The very next month the company I was working for went under and i got laid off. I had saved about $10k but my wife got laid off at the very same time (this is not fiction and we are not losers).

So we used my money to pay the bills. SHe got a job first and it is a really good one, she still has it. I decided to start my own company doing what i was doing for the other company. Well, it wasn't as easy as I thought it would be, so it is barely paying for itself.

So now I'm in school for anther career.

I offered a lesser sum to these guys, but it was on the phone ( I kept no records) and they flat out told me I was a loser and a sorry human being and didn't accept my lesser offer.

SO I got mad and humiliated and just stopped talking to them. I started another account and have saved about $2500 so far to pay my debts. I bascially garnish my own wages at 25% gross. But I don't make very much money so it is taking a long time. Plus we had a baby and I have to take care of him full time and manage my unprofitable business and go to school, so I'm up till about 4:00 am each evening.

I know, everyone has a sad story. I'm not saying my excuses are justified, just asnwering your questions.

Originally Posted by gratisman

I may have a letter that may be able to help you.