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HELP! received a summons, don't want a lein on our house!


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To Stephi13339,

First, this shows the ignore it and it will go away strategy does not work.--especially with student loans.

You are going to have to get engaged on the problem and fast. The worst thing you could do now is to fail to show up to the court date---they will get a default judgement if you don't show.

Someone on the collection side has already invested some money to hire an attorney to file suit.---so you can probably assume they are not doing it to simply scare you or are not serious about collecting. But the real investment in attorney time comes later not now. So its not like this investment is huge yet.

You simply must hire an attorney or undergo a real crash course on representing yourself. Given the laws of your state, what is the worst they could do to you?----questions like which assets are joint and which assets are owned by just your husband may also enter in to your considerations.

But you do have a right to see the quality of the other sides case and the court should grant you time to see that.-----so that seems to me is your number one step----to see what the other side has and to gain some time.

If you determine the other side is likely to win based on evidence, you might be adviced to look at it from their perspective. They can collect the full amount but it takes effort and attorney time if you resist every step of

the way----or you can negotiate some sort of settlement to reduce the full balance, to arrange a monthly payment plan, or some combination of both.----and all that might be cheaper in the long run for the collector.

If you think you might win in court based on the other side having sloppy evidence, your strategy might be different.

But you can't decide any of that before you answer the summons. And another thing, you are probably understandingly emotion about this, just remember the CA is doing this for the money. And the CA will feed off any perceived fear you have and want a higher settlement if they think they have you reduced to jelly. Stay upbeat but flexable.

Just my take on the matter----others might have different advice.

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