answer to summons

[bird]

I have a few days before I reach the deadline to answer a citation from NCO. I'm seeing an attorney tomorrow. The charge for the consultation will be $150. I really couldn't afford to pay this and finally decided that at least I would get a bit more information, hopefully.

After the $150 though, I won't have any more money to pay the attorney. I may have to write my answer myself. My question is if the answer isn't in correct form, will it not be accepted and basically I will be in the same boat as if it was a default judgment? I've read some of the threads and I have seen some of the methods for answering. There is no way that I'm going to have the form down exactly. And by form I mean x amount of space between paragraphs or using the correct legal terms.

Is it still worth it to answer the summons? Can it be considered frivolous by the court and can then I have more problems.

Thanks for any imput.

[samsam]

Why not draft something quickly and take it with you to your consultation tomorrow and have your atty take a look at it? As to the court being nitpicky about form and language, I doubt it will be held against you. As long as you articulate an answer that is legal and that the court can understand, I think you will be okay. Again, since you are paying for the consultation, ask your atty about it. Good luck!

[bird]

Thanks for the suggestion samsam. I think that it will be helpful. Thanks for the good luck.

[admin]

Believe me, we can all give you some good advice on this!

[nascar]

There is no way that I'm going to have the form down exactly. And by form I mean x amount of space between paragraphs or using the correct legal terms

You're not going to be held to such stringent restrictions at the lower court level. Appeals court however, is a different story.

[WILLY]

Courts and judges are generally more lenient on defendants and plaintiffs who are pro se (self representation)...Good luck, let us know how it turns out...

[bird]

I went to see the attorney on Wed. He couldn't take my case b/c he needed a retainer and I don't have the money for that. He did tell me to try to avoid a judgement at all costs. The problem is not that I dispute the debt and do not want to pay it. I know I owe money to MBNA. But after speaking to a number of collectors who were nasty, I stopped trying to work w/ them.

Unfortunately my case went up before the NAF, I didn't dispute it then either, and an award was reached for NCO. Now I have been served w/ a summons in my county court. I already posted this question in the while your are in the dv process in another thread but perhaps not everyone goes there. In the NCO thread I asked if it was too late to email the two people referenced in the post and ask for a dv.

In the email I would mention that my credit report said my last payment was in 2006 when in reality it was in 2003. I would still be under the SOL, but perhaps the fact that it was reaged or just reported incorrectly would be a defense. I received notice of the hearing at the NAF through regular mail. I thought I might also write that I had not been summoned for the NAF hearing.

I know that they would keep a record of this email. But I don't think it would differ much from my defense in my answer to the summons. I would only be asking for dv and hoping that I could slide through and get more time to pay the debt.

[bird]

Ok, I just read the sticky about dving after you've been served and how it's not the thing to do.

I am going to answer the summons but the attorney I went to see a couple of days ago told me that the more I proceeded going to court rather than negotiating w/ the company, the less likely they were to drop the suit and answer w/ a judgment b/c they had already put so much work into it.

The attorney said I should answer but after answering I should call them up and see if they would make a deal I could afford, which I doubt, before it became too late to settle. Any thoughts?

[vialna]

i hope im understanding your post..

mbna took you to arb through naf....correct

u didnt respond ...correct

they now have a judgement award that theyre trying to enforce through the courts...thats what i believe u have received...

if so...then u will need an attorney...naf generally always rules for the cr. card company or ca...or jdb...thats what puts money in their pockets...

its rinky dink court...but again u did not respond...

now that naf has awarded the ca, oc, jdb...they will try to enforce their judgement in the county u live...

u need to fight this, but this is more involved since u must dispute this debt with them totally. and the fact that their was No arbitration clause to begin with...mbna didnt start using these arb. agreements i believe until 2000 / 2001

and then they stuck these flyers in with the bill...noing that most people would not read them...but having done that and continuing to use the cc after that point...u technically are agreeing to the terms of arb.

there are ways to fight this but they generally take a good debt atty.

and lastly yes ....the farther u proceed the opposition can back off.

however if they already have an award...they probably wont...and will most likely go for full amount...sorry to say....but u should try to consult with another atty...or two asap...hope this helps......v

[bird]

Thanks again vialna.

Yes everything is correct except that I believe I probably stopped using my MBNA card around the year 2000, perhaps even before. I was making some payments but most of the charges that were new were charges that MBNA was adding on such as late or over the limit charges.

Did I understand correctly, you were saying the further up the court the case goes, the more likely the opposing party will try to settle? B/c the attorney I spoke to said it was the opposite.

And I know I had posted that I might try dv'ing though I had gone through the NAF and then I said no after seeing the sticky about it being useless after being served. On more research though, I found that dv'ing in Texas can be done at any time and any legal action must be stopped while they answer. I don't know if this would be the case for me since so many things have happened, but if I could stall for some time, that would be good. And I don't know if would help that I could say that the notice of the NAF trial was delivered by regular mail.

I really can't afford an attorney. I just spend $150 that I really needed on this last attorney. I know a judgment isn't good and I want to avoid one but the only chance I have now is to try to get a home equity loan. I was already turned down for a signature loan to try to pay off NCO (that wasn't surprising) and past experiences have taught me that having a home up for collateral isn't much better if you have bad credit.