Posts Tagged ‘summons’

Once you are served a summons for old credit card debt, is there a way to settle without wage garnishment?

I was served a summons and have to respond within 14 days. I know that responding is the key, but at this point is there a way to settle with a payment plan, etc without wage garnishment?

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I received a summons from Nelson & Kennard a few days ago on a Capital One debt. Settlement made w/ another co

This was settled wih another collecon company. Can Nelson & Kennard continue to collect from me? I’m responding to the summons to let them know this as settled. Is there anything else I need to do?

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Should I file bankruptcy, settle, or keep ignoring my creditors?

I have an old Citi card, Capital One card, Best Buy, Chase, and then a few smaller ones- Wal Mart, Express, and Lane Bryant. I haven’t made a payment on most of them in at least 2 years. I stopped paying them cold turkey because they jacked the interest way up and wouldn’t negotiate with me, and I couldn’t afford to pay them along with tuition, rent, etc. since I didn’t receive help from my family. I’m not even sure what I owe, but with all the fees I’d estimate I owe a total of ,000-,000 spread out on them all. Without the fees it would have been half of that. In addition, I have ,000 in student loans. I’m not making much money right now at all. For now I’ve just been focusing on paying my student loans in the hopes of rebuilding my credit. I don’t see how I could afford paying off my credit cards. What should I do about them? I’m not getting many calls anymore, but lately someone is calling threatening to sue me for 00 credit card. They have threatened to sue me before (Citi Bank) and even sent me a summons of court letter, but never followed through. What is my best option? For now I plan to keep ignoring them but I am sick of this problem. Help!
Thanks roscoedeadbeat. All my credit cards are already in collections, and they have been for about 2 1/2 years. I also had a 2nd Citi and 2nd Chase card but paid them off as a settlement years ago with some student loan money… Now, the problem is, I don’t feel like I really can afford to pay them. I’m already having a hard time paying my student loans- right now I have to pay 0/month and soon I will start paying my private loans which will be around 0/month for a total of 0. I feel so overwhelmed! :( Maybe I’ll talk to them and ask what is the lowest they can settle for, and then see if my family can help me at all, but I hate to ask them for help. Thanks for your answer though.
Thank you for the answers Sgt Big Red and carl.bennet. I looked up the statute of limits in my state (MN) and it is 6 years… so I am about halfway through. I might end up making more money in the future, but I don’t see it happening for a while. I plan to go back to school within the next year (either part-time or full-time if I get a graduate assistantship), and that will take me at least 2 more years. So maybe I will continue to wait it out. I don’t want to deferr my student loans right now because I want to save deferrment for a later time in case I’m in a worse situation then- such as if I have a baby or get sick. And I can only defer my federal student loans, I can’t defer the state loans. It’s so hard- I wish I had been smarter about debt, but I guess you live and learn. I appreciate your answers.
Oh one more thing- this is a bit desparate, but if I moved out of state to where they have a lower statute of limits, would the new statute of limits apply to me? Or would it be the same statute of limits since it originated in MN? Thanks!

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Should I cash out my small Roth IRA and try to settle a credit card debt?

Recently I received a summons from the Lamar Co. Superior Court in GA to respond to a 3rd party request to pay a credit card debt from 4 years ago. I sent them a certified letter explaining that I am not working and that I cannot work as I am taking care of my elderly mother. I told them that as soon as I had some kind of income coming in, I would them contact them and work out a payment plan.Should I just cash out my small Roth IRA and try to work out a settlement with them or wait to see how they respond to my last letter?

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how do you get a debt collector's attorney to send receipt of payment on settled debt if he won't return calls

We negotiated out of court (a summons was sent to me) and he says he would dismiss the lawsuit and send recipt of payment signed and stating debt has been satisfied in full, but I’m worried he won’t hold his end of the bargain. The check, made over the phone, cleared.

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Do collection companies threaten you to be in court to settle a debt even though you never got a summons?

I had 5 credit cards – 3 of which I paid off. The remaining two I was unable to payoff because I was in a major financial bind. I just recieved a voicemail saying I should be in court b/c of my debt. One card is 1,200.00 the other is 1,300.00 (im not sure which collection called to tell you the truth). I never got a summons delevered to me. Is this for real or a scare tactic?

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if i file bankruptcy after served summons for unsecured credit can a judge still request my bank account stat?

I am in a pickle, got served summons for unsecured credit debt, 6700.00, i am seeing an attorney wed to file chapter 7, no other choice! After i file, can a judge then request my bank statements? Reason asking, is i am receiving ssi (for real disability) and my spouse did not have his own checking account and i have been depositing his unemployment checks in mine for like 3 YEARS!

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Does settling a debt by paying a percentage of the total affect your credit?

Or is it pointless to settle this debt. It is 3000 dollars and 5 years old. The SOL in my state is 6 years, and I’m considering paying it because i need to help my credit. I cant get accepted for anything because of this. So my question; if i pay it, am I going to help my credit, or should I just let it be?
So if i pay it will the seven years start over from the time i pay it? Also ive heard its different if you pay the full balance versus negotiating the debt down. Is this true?
well thanks guys, there is some conflicting info here. Im confused now. It is not the original debtor it is a debt collecter. they sent me a summons to respond, (not to respond). So im thinking i’ve got to deal with this anyway

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how do you represent yourself to stop a motion..what papers do i file? do I appear?

this is from a consumer loan company I filed bankruptcy on..now they are trying to put a lien on real estate I do not own…my ex wife does..i never received a summons or notification…just saw it online when looking something else up
the court action is against me in this case…she had already been notified that the loan co was going to garnish her wages for the loan (joint)..the divorce decree states I have to pay the loan..I couldn’t and filed BK …how can the loan co come after me? I have been told by attorneys to pay her the wages back she is having garnished…because of the ruling in the divorce
Isn’t it if I don’t answer this action although I have no summons…that they win by default? obviously they are not telling the courts I filed bk…

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Summons for credit card debt??

I received a summons to appear in pre-trail court due to ,000 of credit card debt. I own this debt. I have a large sum of credit card debt and am considering bankruptcy. How can I avoid a trail and possible judgment? I thought about offering the company ,000 to settle debt.

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I am being sued by a credit card company. I am using a debt management company.?

I don’t know how best to answer the summons. I have saved almost enough money to probably settle with the credit card company. I will get paid and have the last of the money in hand two weeks after I have to answer the summons in writing. Should I put this information in the answer or just answer it generically and hope they settle when my debt management company contacts them. My debt management company won’t contact them til I have the rest of the money in the settlement account.

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Has anyone successfully cleaned up their debt with debt settlement?

I am currently enrolled in a reputable debt settlement company about a year into the 3 year process. One account has settled so far. One of my creditors is suing me, but the company is working hard to get it settled asap and I have responded to the court. I am not ignoring the summons just in case we can’t settle. I just want to know if anyone has gone through this process and cleaned up their debt for good. It is so stressful, but we were on the heels of bankruptcy and felt this was a good option for us to avoid bankruptcy.

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Served with a debt collection summons, need help?

I was served with a debt collection summons in the state of NY. It’s from a credit card that had a balance of 500.00. They are saying that I owe 825.50 with all the legal fees and intrestet. I am going to call them and settle the debt in one payment. Will the summons affect me in anyway still once I have paid it off?

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Should I settle credit card debt? Pay in full? What are my options?

I wanted to know what my options are in terms of settling old credit card debt. The debt was charged off in september of 2009 and now they are looking to seriously collect as I recieved an official "summons" with no court date. I called the lawyers office who are repesenting the creditors and they said I can still mediate the account by writing a letter stating how much I can settle for or how much can I pay monthly on the account and they will report to the court the agreement and cease legal action. Is this really the case? or do i automatically have a judgement/lien against me being the fact that they took the step to start action with a summons. Called this morning and he said it is just the initial step. How do I approach this?

Should I write a letter to settle the account? For how much?
Should I pay monthly and then settle later on or pay in full over time?
I cannot afford to pay in full up front. Just graduated in 2008 but just started working full time.It is an old debt and credit cord from my college years coming back to haunt me. I use to make regular minimum payment without missing a beat until mid last year and then they charged it off.

Now it is at a collection company who is now being represented by a collections attorney company.

I am interested in pay for delete off my credit report but do understand that it would remove my oldest credit account on my report which would negatively affect me. How should I apporach this and what should I state in my general repsponse letter to them?
the account is about ,000 from student credit card from bank of america. It is now with cavalry portfolio after going through FIA CArd services.

I just could not afford the payments at the time
Does the summons and/or me sending a settlement letter to them after the fact show up on my credit report as a consent judgement or just a charged off account being paid on?

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Where should I file for bankruptcy?

I used to live in County A for many years. I opened all of my debts with that address, and recently recieved 2 summons for credit card debt from that county’s court. I now live 2 1/2 hrs away, in County B, but still in the same state. I would like to file bankruptcy where i live now, in county B. Is that possible? Does it not matter where i file? I just want to make sure that after i file, those summons from county A will be dismissed for sure. Thanks!

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Should I file for bankruptcy?

I’m on a limited income, but thousands in debt because I had to help my family. Now, I barely making payments, even with the help of a debt consolidation company, I got a summons from one of my cards. My mother said I should file for bankruptcy, but I heard that it does more harm than and it cost 00, which don’t have. I don’t know what to do anymore. Please help. :(

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What's the best way to settle a debt?

If a deliquent credit card account was charged off by the original lender, can you still offer to pay the account in full even if a debt collector has aquired it and has served you with a summons to appear? I’d could probably get the money to pay it in full, or at least enough to make a good lump sum offer, but I’d rather settle it with the original lender if possible?

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How to settle a credit debt?

I was issued a summons to appear in court for a credit card debt, how can I settle out of court? I live in Illinois and I had a credit like with Capital One.

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