Do you know about - Served a Summons Or credit Card Debt Lawsuit - Don't Call the Creditor!
Claims Management Solution! Again, for I know. Ready to share new things that are useful. You and your friends.I receive e-mails every week from people who have had the misfortune of receiving a summons notice on their doorstep or the joy of having a stranger sidle up to them and say, "You've been served."
What I said. It is not outcome that the actual about Claims Management Solution. You check this out article for info on an individual wish to know is Claims Management Solution.How is Served a Summons Or credit Card Debt Lawsuit - Don't Call the Creditor!
Not fun. Oftentimes, these same people tell me that the first thing they did was to pick up the phone, call the collection agent or collection attorney in many cases and try to work out a payment plan or settlement agreement. This is Wrong, Wrong, Wrong.
Once you have been served a summons, this means that the collection group is Suing You. You are being sued and the collection group is now the Plaintiff and you are the Defendant. Any and All communication with the Plaintiff should be done via written correspondence only.
It's too late for "I'll send you buck a month, I promise." Way too late. Now is the time to take accountability for your financial time to come and face your fears (debt) head on. Even if the assembler was to agree to a payment plan, they cannot be trusted. While you are "working it out" they could be in the process of putting a lien on your asset and searching for your bank account information in order to seize your assets.
Here's what you need to do. First of all, Do Not Be Intimidated. This is difficult, after all I'm sure you feel badly about the debt in the first place and it's probably been haunting you for years. The sad truth is that many of these debt lawsuits are brought about on out-of-statute debt and the collection agencies and debt attorneys are notorious for re-aging the Dola or Date of Last activity on your credit report. It's in your best interest to dig up any old credit reports and bank statements to prove the the date of the last payment you made on the defaulted account. If that date is past your state's statute of limitations on open credit card debt, they have the right to try and collect, but they cannot sue you and must drop the lawsuit.
Additionally, very rarely is a debtor sued for the actual amount they owe...penalties, interest, and other various fees are ordinarily tacked on to the balance. Make them prove their case!
There are many other defenses that can be raised against one of these collectors. The key is that you need to narrate with them through the court system. They don't expect you to fight back, over 96% of debt lawsuits end in default judgment. The chances of them backing off and dropping the lawsuit are Huge if you take the time to properly format what is called a notice of Appearance, Answer, and Certificate of Service.
It takes some time and study to properly file these documents, but it's your financial time to come at stake. A default judgment can not only ice your bank account or adornment your wages but it will also ruin your credit for a minimum of 7 years. A few states offer basic templates for the forms you will need to file with the court, a simple Google quest should offer up some resources. You can buy Word templates (w/ affirmative defenses for third-party debt collectors) for the "Answer to Complaint" document and more at www.IhaveBeenServed.Info and alternatively there are very helpful people on some internet "debt" message boards who can offer up guidance when drafting your own documents.
Additionally, you should fax and mail (certified, return receipt) a Cease & stop Letter to the creditor informing them that they must narrate you with via written correspondence only and now that they know how to narrate with you they must refrain from contacting any of your neighbors, friends, relatives or employees in an endeavor to gain their debt. If they violate your request, you can threaten to sue them for an infraction of the Fdcpa (Fair Debt collection Practices Act) which allows ,000 for each violation.
Now is the time to action. If you do nothing, the creditors will find your assets and take them. Bottom line. File your retort and other supporting documents and wait and see. The best that can happen? They won't want to fight you in court and drop the lawsuit (they rarely have the supporting documentation to back up their claims) or you'll receive a courtdate and you'll be given the opportunity to work out a settlement bargain at that time. Whether way you will have avoided a default judgement which is looked upon as poorly as bankruptcy in many cases.
Fight back! You have nothing to lose and all to gain.
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