SummonedinGA

Served a summons by Second Round in GA- advice?

Recommended Posts

Hi all,

I'm desperately seeking any advice on how to handle this.  I was served a summons by Second Round last week for a debt they bought from Belk.  I can scan and upload what was sent to me  later.  I have not had any correspondence with Second Round up to this point.  They did attach 3 documents, one is a copy of the Belk statement that shows the date it was "charged off" (October 2012).  They want the full amount $1245(estimate) plus $98 court fee.  The statement shows that the principal balance was $450 and the remainder was interest and fees. No minimum payment or due date listed (which they state in the summons that I didn't pay the minimum  payment by the due date listed).  I know enough about them to know that they purchased this for pennies.   The other two attachments show where the debt was purchased by second round as part of group.  Nothing showing that my debt was part of this agreement.  I'm not sure if that is even relevant at this point.  

I know I need to answer this to keep a default judgement from happening, but honestly, I have no idea how to do this.   I wouldn't mind settling (I know this really won't help my credit), but I refuse to pay the full amount.  I would prefer not to pay anything to these scumbags.    Any help or advice would be greatly appreciated!! 

Share this post


Link to post
Share on other sites
55 minutes ago, SummonedinGA said:

They did attach 3 documents, one is a copy of the Belk statement that shows the date it was "charged off" (October 2012).

If Belk charged it off in 10/12 then the last payment was May 2012 and it is well within Georgia's 6  year SOL for lawsuit.

56 minutes ago, SummonedinGA said:

They want the full amount $1245(estimate) plus $98 court fee.  The statement shows that the principal balance was $450 and the remainder was interest and fees.

Who charged the fees Belk or Second Round?  If it was Belk prior to charge off that is legal under the card agreement.  If Second Round added them after the charge off and purchase then it probably is not unless the card agreement says they can.

Under contract law they can sue for the full amount you owed Belk NOT what they purchased the debt for.

58 minutes ago, SummonedinGA said:

I know I need to answer this to keep a default judgement from happening, but honestly, I have no idea how to do this.  

What bank underwrote the card?  Comenity?  Synchrony?  Many of them have arbitration as an option and forcing them into arbitration at what would be five or six times the amount they are seeking usually makes them back down.

What county is this in?  If it is in Magistrate Court then you don't need a formal answer.  Most Magistrate Courts have a pre-printed answer form where you just check off denial and then they set a date.  Use that to answer a couple days before the deadline (take it to the clerk) and that will buy you some time and get you a court date into next year.

 

  • Like 1

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.