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Summons without questions to answer?


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I live in VA, and got a summons to appear in court on Jan 14 (I rec'd the summons on Dec 23). The summons is a "warrant in debt" and does not have any questions or claims for me to respond to. It has a section that says I need to appear that day or a judgment may be issued against me. I keep calling the court and get a busy signal. :confused:

I'm also trying to hire an attorney, but no one has called me back yet (left messages for three lawyers...I'm guessing they are on vacation).

Are there some summons that do not have to be answered? The impression I have is that I just need to show up that day. Could that be possible?

Thanks!

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Most summons only need to be answered by going to court. Make sure you go to court so they don't get a default judgment.

Post what the summons says and go to the court clerk and get a copy of the docket sheet.

We need more info in order to really help you.

As in , what is the debt do you believe the debt is/not yours, who is suing you.

is this credit card debt or something else.

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Most summons only need to be answered by going to court. Make sure you go to court so they don't get a default judgment.

Post what the summons says and go to the court clerk and get a copy of the docket sheet.

We need more info in order to really help you.

As in , what is the debt do you believe the debt is/not yours, who is suing you.

is this credit card debt or something else.

Thanks :)

It's a credit card. The CA sent a dunning letter, to which I responded with a DV letter sent via certified mail. After the 30 day period was up, I called the CA to see if they were planning on responding to my DV request. I talked to an "assistant", who said that I was "certainly entitled to the information requested" and said he'd check with an attorney and they'd get back to me. Well...they never called me back, and I never rec'd the DV info from them. That was in September.

On Dec 23, a summons was placed in my mailbox. I'm going to show up in court that day and ask for a trial date (summons says I can do that). I'm working on finding an attorney. They also sent me a copy of the summons by mail, and it had some suspicious looking affidavit with it (I have no idea who signed it, but I'm guessing she works for the CA) and some sort of printout with my name, etc on it (NOT from the OC as far as I can tell).

I'm very nervous...I'm afraid I'll be representing myself on the first court date. I'm afraid the judge won't know what my rights are and will grant the CA a judgment. :(

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Here is a link to samll claims court procedures in your state. http://www.courts.state.va.us/pamphlets/small_claims.html

Attorneys are not allowed in VA small claims except when representing themselves. Formal rules of evidence DO NOT APPLY in small claims. You may want to move it to general district court.

Oh, it IS in general district court. The debt in question is over $9000 (w/penalties and interest). I believe this is a card my ex-husband opened in my name...which is a large part of the reason I really wanted my DV answered. This could get very messy.

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My understanding is that if you DV'd them before they sued, then they are out of order. I believe they must respond to the DV, or could be subject to fines and penalties under FDCPA. This should be very good to use against them, and a reason possibly for a demurrer. I hear that you want an attorney that is NACA affiliated. Maybe look for links on this site.

BTW, a judge that didn't know your rights would be a rare bird indeed. Mostly, they don't care about your rights. YOU must stand up for them.

notagain xxheartxx

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My understanding is that if you DV'd them before they sued, then they are out of order. I believe they must respond to the DV, or could be subject to fines and penalties under FDCPA. This should be very good to use against them, and a reason possibly for a demurrer. I hear that you want an attorney that is NACA affiliated. Maybe look for links on this site.

BTW, a judge that didn't know your rights would be a rare bird indeed. Mostly, they don't care about your rights. YOU must stand up for them.

notagain xxheartxx

I DV'd them in August 08 and got hit with the summons in Dec 08.

I talked to a NACA-affiliated attorney yesterday and he is going to help me. He said I have a very good case and he "feels very good about it". He is very familiar with the CA who is suing me and how they operate. I don't even have to show up in court on the summons date; the attorney is going for me. He said they almost always win. :) He said the only time they don't win is when the CA can actually produce a signed acct application, receipts, and other supporting documents. He said the fact that they haven't sent me anything I've requested and attached an "affidavit" and a computer printout of my info means that they probably don't have anything else. Not to say they can't get it from the OC, but who knows? Right now it is looking pretty good for me and I feel better than I have in a few weeks. He also said the judges here are pretty good with these types of cases. Apparently CAs clogging up the dockets with unsubstantiated cases annoys judges.

So far, so good. I'll update next week!

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