Anonymous Posted December 3, 2002 Report Share Posted December 3, 2002 I was served with 2 civil summons from 2 credit card companies. The summons were both for my husband. One was issued on 8/29/02 with a court date of 12/6/02. The other was issued on 9/7/02 with a court date of 10/18/02 that was reset by the officer to 12/6/02 when he handed me the summons. The summons were served on 11/30/02 and this is the first we know of any court date. I contacted the court clerk's office and was advised by the girl that answered the phone that all that is needed is a 5 day notice. She asked the judge if we could change the court date and he advised her to tell me that this was only for an arraignment hearing and that my husband should plead guilty or not guilty. If the plea is not guilty, then the date would be changed in time for us to get an attorney. Do we need to send an answer to the summons? - we haven't been given any time. Also, we do not live in the county where the summons was filed, we live in the adjacent county, although, we have an address of a town in the county in which the summons was filed. Due to interest, attorney's fees, and the principal, the amounts are substantial to us. We're wondering how to proceed. Should we contact their attorneys? Should we contact the credit card companies? Any help would be greatly appreciated. Thank you. What about our property, house, etc., will they try to take them away? We are thinking about refinancing our home and including credit card debts if it's possible.[Edit by kiwi on Tuesday, December 3, 2002 @ 04:33 PM] Link to comment Share on other sites More sharing options...
creditfix Posted December 4, 2002 Report Share Posted December 4, 2002 It's not a good idea to talk to their attorneys or to them at this point. Are you being sued by the OC or by CA? Read your summons carefully and see what it says about filing an answer. Hiring an attorney at this point sounds like a good idea.Also, how old is the debt? Have you checked the SOL? Plea of guilty or not guilty? Is this a criminal case or a civil case? Link to comment Share on other sites More sharing options...
Anonymous Posted December 4, 2002 Author Report Share Posted December 4, 2002 it's a civil case, and it's for the OCs. The summons consists of 1 page summoning my husband to appear before the General Sessions Court to answer a civil action. The summons indicates the case info, Civil Warrant info regarding date of court, server's name, plaintiff's attorney info, and a notice to defendant (as follows) TN law provides $4,000. personal property exemption from execution or seizure to satisfy a judgment. If a judgment sould be entered against you in this action and you wish to claim property as exempt, you must file a written list, under oath, of the items you wish to claim as exempt with the clerk of the court. The list may be filed at any time and may be changed by you as necessary; however, ,unless it is filed before the judgment becomes final, it will not be effective as to any execution or garnishment issued prior to the filing of the list. Certain items are automatically exempt by law and do not need to be listed; these include items of necessary wearing apparel (clothing) for yourself and family and trunks or other receptacles necessary to contain such apparel, family portraits, the family Bible, and school books. Should any of these items be seized you would have the right to recover them. If you do not understand your exemption right or how to exercise it, you may wish to seek the counsel of a lawyer.Then there is the area for the judgment info and the order of the judge. SOL is not over - debts may be just over a year oldI didn't understand the guilty and not guilty either. [Edit by kiwi on Tuesday, December 3, 2002 @ 05:44 PM] Link to comment Share on other sites More sharing options...
creditfix Posted December 4, 2002 Report Share Posted December 4, 2002 If you can't afford an attorney right now, why don't you try Legal Aid. I noticed someone else had posted this on another board and I think it's a good idea. Link to comment Share on other sites More sharing options...
Anonymous Posted December 4, 2002 Author Report Share Posted December 4, 2002 Thank you for your suggestions, creditfix. I contacted the Court Clerk's office and asked again about the guilty and not guilty. I was advised to contact the Judge's secretary as she would know how a civil case is handled (this is in general sessions court). She advised that this is a first appearance and checked their paperwork and advised that a plea is entered and if not guilty the court would set a hearing date which would allow some time that could be used to meet with an attorney and confirm case info. The defendant, however, must show up in court or a default judgment would be ordered. Thank you again. Link to comment Share on other sites More sharing options...
LadynRed Posted December 4, 2002 Report Share Posted December 4, 2002 Kiwi,I live in TN too. There are a couple of options open to us here in TN that you amy not be aware of. First, though, you need to get that list of exemptions written up. You can find a good list here:http://www.thebankruptcysite.com/exemptions/tennessee.htmSecondly, IF you get stuck with the judgment - in TN, we are allowed to file a motion that allows us to ask that we be able to make payments to avoid garnishment. What you must do is go to court with your financial papers in order. List your income and ALL of your expenses, everything, over the course of a year and divide that by 12 to get an average monthly number. This will show the judge how much you have available to make payments. The judge will then decide how much your payments will be. The 'trick' here is to make sure your disposable income after expenses is as low as you can get it ! Even if the CC companies suing you want more money, the judge can and will overrule them and they will be forced to accept what he says you will pay. This can be a GOOD thing and can totally avoid garnishment.You will probably NOT lose anything, not your house or your vehicles. If you would like, e-mail me and I can try to help you with this, as I've researched TN laws on this as thoroughly as I can. I have a bookmark, somewhere, of how to do the motion I mentioned, I find it and post it here or email it to you if you'd like. Link to comment Share on other sites More sharing options...
wohlfie3 Posted December 5, 2002 Report Share Posted December 5, 2002 Remember, when you go to the hearing plead "not guilty" and they will set the court date. Then, if you still need more time, you can file a continuance with the court (at least five days before the court date)which will postpone this matter until the next court date. If you get a lawyer, they will probably already know this. So, in essence you could be looking at @ 4-6 months later before you have to actually appear again. By this time, hopefully, your financial situation might change for the better, or your lawyer might be able to negotiate a settlement with this OC's. Also the lawyer could make a payment arrangement with the OC's so that a judgement is not entered UNLESS you default on that arrangement. Hope this helps. Whatever you do, DO NOT PLEAD GUILTY!! This gives you an immediate judgement. Link to comment Share on other sites More sharing options...
Sky Warner Posted December 5, 2002 Report Share Posted December 5, 2002 Also remember. You CAN STILL REQUEST VALIDATION!!!!Make them produce an entire payment history on the account and tell the judge you would like to have that in order to look over it and make sure that any and all payments that you made are in order.I mean if they miss one payment you made that could mean 25 dollars difference or something.Site the brennan vs spears letter and also make sure you take copies of the FDCPA ((IF a CA or a lawyer is handling it))Just notes to remember Link to comment Share on other sites More sharing options...
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