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Answer to Summons


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Have been online, approx 12 hrs, trying to find the correct way to Answer a summons. I understand an Answer to be: admit, deny, without knowledge. Im to the point where the more I read, the more confused I get.

Background (long story short):

I live in Arizona.

Capital One: Last pymt brought to current, July or August 2006.

Last pymt on acct, Nov 2007

Discover Card: Last pymt brought to current, Sept 2007

Last pymt on acct, Jan 2008

Im on ss disability and found myself behind on cc pymts. Tried talking w/the cc companies hoping we could work something out but that wasnt to be. Here it is year(s) later and now Im being Summoned to court in two separate actions.

Even though the amounts keep increasing (various fees/increased interest?) I owe Capital One Bank but NOT Jerold Kaplan Law Office and admit owing Discover Card but NOT Swicker & Associates.

Jarold Kaplan is the third law office trying to collect for Capital One. Zwicker has been the only attorney trying to collect for Discover Card.

Each Summons has an accompanying Complaint. Jerold Kaplan Law Office has included some type of Affidavit, too.

Again, Ive read so much information that its overwhelming enough for me to discern correctly, what I need to do/say (or not) to correctly Answer.

I tried to include attachments for Complaints/Summons/Affidavit but couldnt even send one due to file size. Should I send each separately?

I understand how important it is to get a timely and correct Answer to court. Hate to admit this but Id like to get this done by 5p today. Times up Tuesday, May 19th. I realize Im more than down to the wire but, for me, one suffering from major depression (for starts) enough to go on disability, this is a huge step-addressing the issue rather than crawling in bed.

Any suggestions on what to do to get attachments to work? Remember, I just learned how to scan/attach today.

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If the debts are yours, you can own up to them and don't trip BECAUSE your only source of income is SSI. Folks who get SSI are judgement proof because federal and state laws prevent garnishment, levy of bank accounts etc if the only funds are from SSI, Veterans Benefits, welfare etc. BUT you must let the court know that your only funds are from SSI otherwise they will file a default judgement and so forth.

TAKE ACTION ASAP! Part of depression is inaction. And the inaction will worsen your symptoms, can you tell I can relate to you? You aren't alone here and i wish you the best.

1.I saw a case just like yours today called the HOGUE case. It was about a debtor on SSI and the JDB straight up levied her bank account. You can avoid this by following these instructions AND looking at the case.

2.Answer the summons and do it truthfully. If the debts are legitimate, and you are unwilling to fight, admit the allegations are true and deny those that are not true. If you don't know just deny on information and belief.

3.Write a letter to the attorney representing the plaintiff, but adress the letter to both of them. State that your only source of income is SSI and given your health, you don't expect that to change. Also, show them a bank account statement with your deposits from SSI and then ask them to dismiss the suit with prejudice.

4. Take yourself down to the NOTARY'S OFFICE and sign these docs in front of a notary. This way, someone else is documenting that you swear you're telling the truth.

5.File the ANSWER with the court as well as the letter you wrote to plaintiffs attorney. Usually such letters aren't filed with the court. BUT in your case, the letter will show a good faith attempt to let the other side know the deal.

6.Read this case.

http://johnsonlawfirmia.com/id64.html

7. Go on and get this done. You will feel better.

8.Do you expect for SSI to be your only source of income for the next twenty years or so? Bear in mind that if they got a judgement, they could renew it over time up to so many years after the judgement was rendered. This is why I suggest you ask them to dismiss the case so that they cannot come back and renew it and garnish you twenty years down the line.

best of luck and keep your head up!

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Okay then, thats what Ill do. You have helped more than you know. I must have just missed your oh-so-early-in-the-morning reply. Finally, gave up waiting cause I knew everyone sensible was in bed. What a joy & rush of good energy came when I finished reading your reply.

Have a few additional questions.

Should the attached Affidavit be addressed?

This the third law firm (Jerold Kaplan) attempting collection for Bank One. Have noticed the monies owed increase substantially (of course). I owe monies but not that much. So, for now, just deny on (lack of) information and belief, as you state?

For now, will do the Answer and letter to attorney/plaintiff explaining le situation. Probably will have a few more questions before I get done.

Am able to breathe and see just a bit of light & the end of the tunnel. Bless You. Okay, getting down to it now. xoxoxoxo...and beyond!

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Look in your rules of civil procedure to see how an affidavit should be written, and what information it should contain. I haven't seen one that is adressed, but that doesn't exclude the possibility that it might could be. Sorry I couldn't be of more help. Get this done and God bless!

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Rikkivsm, your suggestion to write a letter and attach it to Answers was brilliant! From the few forums posted, twas thee most helpful suggestion received. For whatever reason, after I read your reply, things crystalized in my mind. At that moment, I knew what to do! Thanks to you, and everyone who replied, was able to Answer (adequately, not perfect, but adequately), write the letter(s) and drive the 30+ miles to Court & file. When I walked out, looked at the time, it was 4:59p. Yahoo, it was in! Actually, it wasnt that bad...had another day to file. Yet, for me, getting something this important in 24 hours prior to deadline is a definite step in the right direction.

Want you to know your ability to empathize w/my "state" (shall we say) gave me a spiritual boost that, apparently, was lacking in my physical circle of energy at this time and allowed me "take action asap!"

I know its not over. Just got a little breathing room for the moment. Hate to mention the "B" word but, for le mental health, should, perhaps, look at that option. The saga continues. And when the time comes I will, most definitely, be back to this Forum seeking the knowledge, support and kindness I found here.

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  • 7 months later...

I did get the answers in on time. That in itself was miraculous. Anywhoz, to this point, never received further communicae from either party. There are a few "weird" things thats sorta happened since. A couple are: 1. Received a letter saying they (cant remember who/which it is) were granted judgement against me. Then they said I can pay to such-&-such place. 2. Continue to get phone calls from Zwicker.

Regards to 1. Since I was never summoned to court since Answering, I think theyre big fat liars saying a judgment is against me. Never received a thing from the court backing that up, so havent paid diddly "them." Isnt that fraudulent? Is there someplace I should "report" this? With regards to 2. I dont answer any calls from numbers I dont know. The only reason I know its Zwicker is because I put the number into Goggle search & they pop up.

Here is a new recent attempt at collection. BTW, open to any suggestions on how to handle this. Received credit to get some medical assistance. Long story short, they closed the doors, filed bankruptcy and I never completed service. Got a collection letter from an agency (not the creditor) saying I needed to let them know if this was a valid debt or not and if they didnt hear from me they would call it valid. Also said I owed money and theyd take "this much" to settle. I sent em a letter saying its not a valid debt. Those creditors filed bankruptcy and I never completed service. What the hey? "Creditors" who file bankruptcy sell their worthless paper to agencies who still attempt collection on a bankrupt company? What is wrong w/this picture? Again, Im open to suggestions.

Guessing Ill hear back from everyone sooner or later. From what I understand, being on social security disability, its sorta a waste of time and effort to try to collect from me seeing as those monies are "protected." Im working towards getting off disability someday and still want to pay creditors back but, after researching further, whats the point? Even if I did pay of everyone, in full, that would not even help my credit rating. In fact, if I understand correctly, if I did that it would hurt my already sucky rating. Go figure?

Everybody, have Happy New Year!! Are you as glad as me that 2009 is almost fini? Its a struggle out there, I KNOW! I feel 2010 is going to be a turning point, not just for me but for everyone, towards the positive. Do you feel it? Remember, (and I know it sounds woo-woo) There is enough to go around. There is enough for Everyone! Its all about choice (choose consciously/wisely) and alignment with your true nature.

Again, Happy 2010 to You and Yours & THANKS for checking in on me!

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Yeah...never assume everything is kosher simply because you never "heard" anything. JDB's are sneaky f***s. :?

I know I've repeated this several times in my short time here, but I can't say it enough: just about every court has online access: check the civil motion calendar online, see if you case is/was there. Everyone with pending litigation should do this. Don't EVER count on being notified.

JDB's lie, and will say they notified you. Process servers lie, and will say they served you. Even court clerks lie! :-x

CYA!

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First, I was updating someone (Fert) who was kind enough to inquire, "Whatever happened to your case? This all happened back in May! Thats seven months ago. If there was some type of judgement, which is possible considering one is Zwicker, it could be "vacated" "set-aside" whatever the legal lingo is because I was never summoned to court. Again, SSDI cant be attached. Dont you think that if they were really granted some type of judgement, I wouldve heard from them more than once? I still think theyre trying to pull a "fast one."

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First, I was updating someone (Fert) who was kind enough to inquire, "Whatever happened to your case? This all happened back in May! Thats seven months ago. If there was some type of judgement, which is possible considering one is Zwicker, it could be "vacated" "set-aside" whatever the legal lingo is because I was never summoned to court. Again, SSDI cant be attached. Dont you think that if they were really granted some type of judgement, I wouldve heard from them more than once? I still think theyre trying to pull a "fast one."

?

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A Judgement is never granted that quickly, could it be???

Yes!

First, I was updating someone (Fert) who was kind enough to inquire, "Whatever happened to your case? This all happened back in May! Thats seven months ago. If there was some type of judgement, which is possible considering one is Zwicker, it could be "vacated" "set-aside" whatever the legal lingo is because I was never summoned to court.

This is tossed around alot, but it boils down to your Rules of Process. Some states permit mailing summons as "service," leaving you at the mailman's mercy. Like New Jersey.

Again, SSDI cant be attached.

If this is going to be your only manner of income for a very long time, then YES, it is exempt from levy but does not prevent the judgment from going through...which means they can call you and try to collect on it.

If your SSDI funds are deposited in a bank account, watch out - they will still freeze the account and make you go to court to prove the source of the funds!

Dont you think that if they were really granted some type of judgement, I wouldve heard from them more than once? I still think theyre trying to pull a "fast one."

I found out two months ago I had a judgment entered against me from 2003 - I did not received summons to court and I didn't receive A SINGLE PHONE CALL. You were provided more courtesy than I was!

Take it from someone who once thought "No way! They're trying to pull a fast one!" to find out the hard way...uh, no - they weren't! :?

Please, please, please:

A. Don't assume - know!

B. Don't confuse "judgment proof" with "harrassment proof"

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