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  1. Hey everyone! I came across this website in my googles and have spent the past 2 days reading up on A LOT in this forum, for which I am eternally grateful for! All the knowledge and help that have been provided has been weirdly comforting to me, knowing I'm not the only one going through this, so thank you all so much! Despite that though, I'm still feeling very anxious, nervous, and uncertain about this whole process, it's the first time I’ve ever had to go through this, so any guidance and advice on how to proceed would be tremendously appreciated. I've filled out & included t
  2. Greetings! I need assistance answering a summons to a suit filed against my husband by Asset Acceptance LLC and Fulton, Fieldman..etc. We talked to an attorney who said that he could do it for us and fight the entire thing for $1200. He said that the attorney that is working for Asset Acceptance is very overwhelmed and that he could almost guarantee that we would win. Were also meeting with a bankruptcy attorney early next week to see if filing would be in our best interest to avoid any further suits by JDB. All I need is more time to navigate this. My goal is to answer the summons on Mon
  3. I read through the posting guidelines for something like this, so here goes... 1. Who is the named plaintiff in the suit? SJMC Hospital (not a collections agency) 2. What is the name of the law firm handling the suit? Law firm in Lansing, MI 3. How much are you being sued for? $1800 4. Who is the original creditor? Plaintiff is OC 5. How do you know you are being sued? Served 6. How were you served? In person 7. Was the service legal as required by your state? I believe so 8. What was your correspondence (if any) with the people suing you before you think you were being sued? For 5 months
  4. When answering a summons with an affidavit do they have to be filed at the same time? My husband is the one who is being sued and he needs to sign the affidavit but he leaves for work at 6:30am and usually doesn't get home until after 6pm and I am leaving out of town for a funeral and was wondering if it can wait until next week? Thanks
  5. I had posted this in the wrong place earlier. I am answering a summons and Plaintiff is named as (Large Credit Card Provider). I called this LCCP ( I know pretty arrogant to create my own acronym) and they definitely sold it. Sorry, I am going to cut and paste my original post: It's been awhile, but I return, hat in hand so to speak, to ask this question. I have received a "complaint for money due". The complaint names a major credit card company as the plaintiff and is represented by, as near as I can tell a JDB/Law firm here in NM. I contacted the CC issuer. The robo voice on the other end
  6. Been fly~n~by the seat of my pants since answering a summons . I wanted first off to say I appreciate your input. Just a little background. Never been sued before. $xxxxxx AMENDED ANSWER OF THE DEFENDANT OF PLAINTIFF CLAIM OF COMPLAINT Defendant,xxxxxxxxx, appearing pro se, for its reply to the Complaint naming xxxxx., Plaintiff, as follows: All answers correspond to the numbered paragraphs of the Complaint(s). All allegations of the Complaint(s) are denied unless expressly admitted herein. ANSWERS TO COUNT 1 1. Defendant is without knowledge or information sufficient to form a belief as to
  7. I hope someone knows how this works in Michigan. I have been reading the chapter 2 civil procedures over and over and having a hard time understanding what is happening here. I received a summons and complaint in early April from an attorney representing a credit card company. I actually hired an attorney in the same city of the opposing attorney to negotiate and help me with the answer to the summons and complaint in early April. Last Friday I received in a 2 day priority postal package a notice of hearing and a "Plaintiff's Motion for summary disposition and for judgment on the complaint".
  8. I have received a summons to pay a debt on a credit card. The summons comes from the 3rd set of lawyers that say they are the lawyers representing the credit card co. They are legitimate lawyers in MASS. Of the 3 sets of lawyers that have contacted me since June, 2011 (when the debt was charged off), only one of them got the right account # for the credit card. The account number on my credit report is NOT the same as the credit card I currently have. I think it may have been the very original credit card number on this account, which has changed 3 times over a 6 year period. The correspo
  9. Due to Michigan having specific and unusual requirements for answering a summons and complaint, I thought I'd start a thread to address these specific issues. DISCLAIMER: Please remember, this is ONLY for information that relates to MICHIGAN! For other states, YMMV and this thread do not constitute the "end all-be all" to submitting answers in ANY state! Laws and rules change, so be sure to do your own research, or consult with an attorney. I could be making this up for all you know!!! Do you live in Michigan? Have you just been served a "Summons and Complaint"? Wondering how you shoul
  10. Hello, I was served papers: Nelson and Kennard representing Razor Capital. I have requested several times for them to prove to me that they own the loan and that I would be happy to pay them. They have not shown me anything. So now here I sit with the court papers. I have to file an answer but I have no clue on how to fill out the PLD-C-010 or if I should even use this form. Everytime I talk to someone they end up being a lawyer who wants me to hire them for my case. I don't have the money for that nor do I have the money to give Razor Capital... Any help would be greatly appreciated. Lynnea,
  11. Alaska. Answering a summons, have 20 days. (15 left) It came in certified mail. The return address is the address for the Law Firm representing CapOne. The summons is from the district court. signed by a local Deputy Clerk and has some type of an embossed seal. It has a case #. It says who the magistrate is assigned to the case. There is also another paper challenging the assignment of the judge (magistrate) by the plaintiffs attorney. (represented by a firm in Anchorage. Routh Crabtree, apc) It appears to be a real summons. Plaintiff: CapOne Bank(USA) N.A. vs. Defendant (Me) This is whats o
  12. Ive been saving up funds to file Ch.7, but now I have been served with a summons and complaint from (Hunt & Henriques) acting on Citibank's behalf for an account I stopped paying late last year. I understand I need to file an answer. What do I say on the answer? that my intentions are to file Ch.7 or do I have to state anything other than I am answering. I am in Los Angeles county, California. When I look up the case online it says: Future Hearings 01/10/2011 at 08:30 AM in department 2 at XXXXXXX Courthouse. OSC - 3.740 COLLECTIONS-PROOF OF SERVICE When I look on my paperwork, no date i
  13. I was served on April 12 and need to file and answer by May 6th. I am being sued by First Resolution Investment Corporation for $3,387.65. along with the complaint came an affidavit signed by an employee of the JDB, and also a statement of account(exhibit A). The statement of account is extremely vague...just has a statement date, account number, charge-off date, balance due, and interest caluculated. There are no signatures on it, just something First Resolution Management typed up. I have to file an "answer under simplified civil procedure" and I am not sure what to even say. It just st
  14. This is my first post and I apologize for it being a lengthy one, but I need as much help as possible. I need to file an answer to a summons and complaint I received within 21 days - the clock starting ticking yesterday. I'll post the complaint in my next post. 1. Who is suing you? Unifund CCR Partners 2. For how much? ~$4900.00 + 5% interest retroactive from 12/2006 + court costs and interest from date complaint filed at 5% 3. Who is the original creditor? Chase Bank 4. How do you know you are being sued? Received summons and complaint 5. How were you served? Were you served? In perso
  15. Hi all. This is my first post on this site and I am looking for some last minute advice. I've spent as much time as I could trying to research this but its a little overwhelming. I am in the 8th district in Illinois and I am answering a summons tommorow afternoon. I have been told that I will only being asked if I accept or deny the charges and that I didn't have to file a formal answer to the complaint. Is this correct? Have I screwed up? If so whats next? An exchange of discovery requests? How do I go about this? The plantiff listed is Discover Card represented by Weltman, Weinberg and
  16. After answering a summons and complaint from a collection attorney. I received their interogatories and then within a couple of days a letter stating they reviwed our answer to the complaint and would like to discuss the case to discuss a possible settlement. In our answer to the original complaint we answered that we should have the case dismissed because we felt it was time barred and also they hadnt proven that they in fact had any legal right to collect this debt. A court date was set. it's in camden county Nj and when i called the court clerk they told me that they just automatically set
  17. I am answering a summons me and my hubby received ( he was an authorized user we believe before we got married). Sadly this is my second Summons and thanks to this amazing forum I am getting my credit in order and hoping to win the 1st next month. My question is this Summons seems more complicated than the last this has " General Allegations,First, Second & Third Causes all followed by atleast 3-4 allegations under them ( 26 in total). when i deny them all i should all 1-26, not jus the Causes right? And its not off that there is no date set yet correct? Thanks Again,i hope i wa
  18. I received a summons in the mail on 3/21/09 from the Circuit Court on behalf of FIA Card Services. I need to file an answer within 20 days. Is there a general outline I can follow to answer the summons properly? If I loose, can they take my house? I lost my job, husband left and live on alimony. A couple of friends moved in to help, can they take their stuff if I get a judgement against me?
  19. I received a summons for a debt that is beyond the SOL in my state (Connecticut/6 years) I know I need to answer it (by 12/09/08) and I've been reading the boards all day but still don't totally understand how. The first page is a standard form and then attached is: RET: DECEMBER 09, 2008 : SUPERIOR COURT xxx vs ME COMPLAINT 1. On or before August 02, 2007 the defendant became indebted to the plaintiff in the sum of $5,092.40 for reasonable and necessary medical services rendered to ME 2. Despite demand the balance of $5,092.40 remains wholly unpaid and the defendant has failed and continue
  20. I answered a summons last week from a JDB. Thanks for your help. What happens next and/or what should I do? Should I just wait for a court date or should I try to get it dismissed? crash4
  21. I was recently sued by a "debt buyer" in Michigan. I answered the summons within the 21 days, so from what I've read the next step is to ask for discovery from the plaintiff. Could anyone advise me on how to do this? Also is there default questions I should ask and paperwork I need to request? I have a feeling the plaintiffs attorney will not be able to validate the debt because of it's age so this may be the best way for them to dismiss the lawsuit. If this question has already been answered for Michigan courts, could you please respond with the link.. Thanks!
  22. Hi there, I would like a review of my wifes answer to a summons. A little background... The summons was one page and only stated ..breach of contract in the amount of $xxxx.xx plus interest and legal fees And that was it, one page with a few lines other than case #, plaintiff and defendant. There were no allegations listed I had a consultation with Kristy of this site and said I should do a answer and a motion to dismiss due to improper venue. I will post that in a diff. thread. Here is what I have for the Answer, please advise if this is good enough or if I should change any of the lang
  23. I have learned through internet means that I recently had an alias summons issed on me for a debt that meets dismissal under SOL. #1 - How do you answer a summons or complaint when you never recievd it? (I don't want it to go to an automatic judgement) # 2 - Assuming I get a copy of the complaint - Would a standard Motion for Dismissal solve this? # 3 - I have no contact info for the filing Attorney - should I go through the CC Company and try to get this resolved? I guess I need help with ''how to approach this''
  24. I am answering a summons to a citation in a day or so. NCO is suing me over an account they bought from MBNA. They already had their side heard by the NAF which ruled that I did owe them money. I got a call from NCO today. I'm almost sure they might want to settle. I didn't call them back though b/c I've heard that talking to a ca is usually a bad idea. I also didn't want to risk being recorded. In my answer I'm denying that I owe NCO the debt. That was the main reason I didn't want to make the call today. If I made the call, then I would basically be admitting that I do owe them mon
  25. When answering a summons, is it necessary to state which source you are using for your defenses and claims? By sources I mean case law and state or federal statutes. In your answer would you say plaintiff does not have jurisdiction and along w/ that statement would you put the name of the case that is supporting your claim? What if you don't cite a certain law or case in your answer but you find it after you file the claim and want to use it to supplement in any subsequent proceedings or in your appeal? Thanks for any advice.