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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 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 Athens-Clarke 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..
First off if you do not answer the Summons they will end up with a default judgment which they can actually exercise the judgment later on and seize property to sell depending on your states laws. You should not be answering them only but also should be filing your answer with the courts. Timing here is everything. Sometimes you can contact the attorney who filed the summons on behalf of the credit card company and they will work out a reduce settlement if you pay by a the answer required answer date on the summons. I have heard of debts larger than that being settled for less than half of the amount you owe. it all depends on the attorney who represents the credit card company. An attorney at this point may save you more money in the end than the fees he will charge.
If you don't respond, the law says the debt is valid since you did not dispute it. See if they will settle for less. My brother in law settled a $10,500 credit card for $1200. The worst that can happen is that they get a judgment for the $7000 plus interest, fees, and costs. Then they garnish your wages or take the money directly out of your account.
Per your update, if there is no confirmed court date and case docket #, then this is NOT a real summons. Debt collectors LOVE to scare people with bogus legal threats. You will definitely know if it's a real summons: a sheriff or process server will hand delivery you a document from the court that has both a confirmed court date + docket number. If this has not happened, then this is not a summons. --------------------------------------... When a debt collector first contacts you, your first step should always be to request validation of the debt per your rights under the Fair Debt Collection Practices Act. Even if the debt is valid, request validation anyway. Send them a letter via Certified Mail + Return Receipt stating: Per the Fair Debt Collection Practices Act, I am requesting written validation of this alleged debt, which includes: - a copy of the original signed contract/application with my signature - validation of the original "Date of Delinquency" for this alleged debt - validation of the "Date of Last Activity" for this alleged debt - validation that this alleged debt is within the statute of limitations. When they call back, tell them: I have sent a certified letter to your office officially requesting written validation of this alleged debt per my rights under the Fair Debt Collection Practices Act. Per this federal law they must provide written validation within 30 days and they must cease collection activity until they send you written validation. Do not let them scare you with bogus threats during this period. This will give you breathing time to explore your options. ---------------------------- There is a statute of limitations for credit card debt, which is the amount of time that they can successfully take legal action against you for the debt. This time period varies for each state. You can find this time period for your state by going to the link below and looking under "Open Accounts." your debt is older than the time period listed for your state, they can no longer defeat you in any court action because the debt is time-barred. This does not mean that they can't try to collect the debt...it just means that they've lost the power to defeat you in court as the debt is time barred. All they can do is annoy you after this point.
I accept as true with each thing Dixie published different than for the accumulating SOL. in case you attempt to apply the 6 3 hundred and sixty 5 days SOL as an affirmative protection, you will probable lose. The Ohio accumulating SOL is 4 years out of your first default that extra approximately the fee off. § 2305.09 Ohio Statutes § 1335.02 & § 1109.18 place credit taking part in cards interior the 4 3 hundred and sixty 5 days SOL. additionally, the actuality In Lending Act (TILA) places credit taking part in cards interior the Open SOL, which in Ohio is the 4 3 hundred and sixty 5 days SOL. they'd attempt to declare that it extremely is a fifteen 3 hundred and sixty 5 days SOL, under written debts. nonetheless, in case you or your criminal expert includes the nicely suited Open statutes they're going to probable fold while you're previous the 4 3 hundred and sixty 5 days mark, in case you combat returned. despite if it extremely is a real summons then, in Ohio, the written and signed settlement would desire to be lined of their submitting, alongside with finished account of the alledged debt from a initiating 0 stability to contemporary. risk is that despite if it extremely is an older debt, they gained't have that suggestion. they'd attempt to place a prevalent settlement interior the submitting, if so, it's going to be from the comparable 3 hundred and sixty 5 days via fact the unique settlement date. in the event that they haven't any settlement and/or no papers showing the finished account, then it's going to be challenged. Agreeing with Dixie: Your mom would desire to touch the court docket clerk and ask if something were filed on your call. If there is not a fit filed then you definately would desire to deliver a validation request ASAP. If there's a fit filed and you're out of the country, then you definately would desire to the two hire a criminal expert to signify you or you will desire to request a later trial date. while you're previous SOL, you extremely would desire to evaluate struggling with it. despite if it extremely is interior SOL or not, your mom pays or not, you or your criminal expert would desire to take place in court docket. even in the journey that your mom pays, they're going to nevertheless attempt to circulate forward and get the judgment. by potential of doing that, you would be to blame for the court docket and their criminal expert costs and if that they had given your mom a coupon in paying, you would be to blame for the the rest ingredient.
You need to contact them. If not they will win everything by default and do whatever they want to you. This is not something you want to ignore. When you go to court beg for them to only take 10% out of your wages. /