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techgoddess

how to respond to a summons

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You know I am so glad you asked that question. Because, I wanted to settle with somebody but make payments.

There is a post on this board that somewhere that state if they take you to court you can ask for a continuence.

... I believe it implied/said that you can take your registered offer letters if you have to go to court. I would look into the contuince(sp.) issue. If I read it correctly as long as you are trying to settle and you have your green cards you are in the drives set (remember you still one ace in the whole, 1 continuence)

I would research the following, counter offer 30% or 3 payments to make the 60%(hey you don't have 60%, that doesn't mean your going to eat a judgement??) then settle just before trial.

... I believe if you go to the judge with green card and are willing to settle you can arrange some payment terms.

When Citibank took me to court the lawyer wanted settle just before court, I got greedy because they didn't have a signature, the judge asked if I wanted to settle I said no(big mistake, should have settle)

I don't think your at the end of your rope.

If you like I will try to look up that post which details the steps to ask for continuence?

ADSOFT

... good luck, don't panick, you have a while before the fat lady sings.

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Just got back from a trip, have a few more days to send in my responce.

Should I send a validation letter now? if so, How do I send a valadation letter?

Thanks,

James

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Go ahead and send a validation letter (you can check out how to do that by clicking on the debt validation at the top of the page.) But also make sure you send a response. On mine, I played stupid and said I didn't have any proof of the debt. Make sure you call up the court house and ask what you need to do to respond. In CA, there's a specific form you need to use (you can't type it up on your own paper for some reason.) But I don't know about other states. If you're poor enough, you might be able to get a lawyer for free or cheap (I make too much money so no one wants to give me a break.)

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Take heed from the other posts.

To answer your question:

You file a copy to their lawyer AFTER you've filed with the court. Better to do certified or personal(not by you though) or FAX (make sure to save copy of the transmission report!) with a follow-up telephone call to confirm legibility and that they got the complete document.

If you can't afford certified you could do regular mail since Evidence Law presumes that a letter mailed is presumed to have been delivered. However, in Code of Civ Procedure, notice through mail is supposed to be made in a manner that provides for a return receipt. Go figure.

Once you serve the opposing party, you must fill out the Proof of Service form and file with the court. Make two copies so you can keep one of them.

As far as answer, your answers should be denials to their causes of action stated in the suit or simply a general denial (meaning you deny everything in general). Be prepared to prove-up your denials if the other side is able to meet their burdens of proof for all their causes against you in court.

Hopefully, you can just settle before-hand. If have to go, you arrive to court early enough before the doors open, and just call out for "CitiBank" in the lobby. Speak with the atty. and come to an agreement in the lobby.

Good Luck!

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