Received Summons

[UnderWater613]

Received a summons from an attorney representing Symmetric Acquisitions LLC that I must serve upon the plaintiff's attorney a copy of your answer to this complaint within 28 days after the service of this summons upon me. Failure to appear and present a defense to this complaint will result in a judgement by default being rendered against me for the relief demanded in the complaint.

Debt is from a Chase credit card that I last paid on account in 9/2007. They enclosed a copy of a credit card statement from 5/2008 with the summons. Not sure what my options are, I have received many CA calls from this over the last couple years and have tried to make payment arrangements with a couple of them, but they demanded payment in full (which if I could have done that.... I would have paid the original debt in the first place).

Not sure what to do next? Do I try to have them validate the debt? Do I try to settle the debt? I have more than enough equity in my house to cover this amount, but I can't get anyone to talk to me about that becuase of the effect this has had on my credit rating.

Any advice would be greatly appreciated as I am not even sure on what my options are, and/or what the steps would be to do something.

Should I file for Bankruptcy? Get an attorney?

Please help.

[Baggins]

You're being sued and there is a little bit of controversy on this site about a debt validation letter at this point, it can't hurt and I'd send one anyway. Make sure to answer the complaint in the alloted time, no since giving them an easy win. Did it come with some type of affadavit? Sounds like this debt has been bought and sold at least a couple times so that 2008 statement may infact be all that they have. I'd scour this site as there is ample info for you to proceed with fighting yourself. If it gets too much for you then you can seek counsel at pretty much anytime. Personally I'm not down with paying CA's or the fees they try to tack onto things, just me so I'd fight it.

[GAMtgGuy]

Agree with Baggins.

Fight this -- study this forum, draft an Answer to the Plaintiffs Complaint. This will allow you to fight back.

Check out the sticky at the top of this forum about beating Midland. This will have lots of useful stuff for you.

[musimann]

Well you have 4 choices.

1. Don't answer the complaint and lose a default judgement.

2. Answer the complaint and defend yourself Pro Se.

3. Hire a lawyer to defend you.

4. Seek a settlement with a dismissal based on a consent order.

If you defend yourself you will save some money but invest a lot of time and effort. You may still lose but you will learn a lot. If you defend yourself the JDB is more likely to settle at a better percentage. 30% is usually the best you can get.

If you hire an attorney you can spend thousands and still lose.... Many attorneys will not handle these type of civil litigation cases and frankly don't know much about them or how to win.

If you want to settle you will be in a better position if you fight it and deny the debt until they prove it. Make them prove it. They hate that.....

[unusualsuspect]

I'd fight it... I've fought a couple of JDBs and won... the easiest way to win is to demand they produce evidence... often times they have none.

[roycar71]

How do I answer the summons for court that Mitchell Kay debt collection had sent to me. This is how they answered me with my DV letter. I need help on what I should write for my answer to the debt. Help..PLease!! I don't want a judgement on my record.