02-15-2013 09:57 PM
I received a civil summons to the local courthouse regarding a Sears CCaccount I am almost positive I paid off 2 years ago. I have not received any paperwork prior to this civil summons regarding this account either. What I am curious about is where in their terms and agreements does it say this could go to civil court? I thought they went to collections if they were delinquent. Anyone have any advice what I need to do to stop this? I am trying to get copies of my bank account from the time I believe I paid this but that account has been closed for 6 months now so I have to obtain it through the bank. I have also tried to contact them via email and internet site with no luck.
02-15-2013 11:03 PM
There are probably no terms regarding a civil suit. It is up to the creditor whether or not to send it to collections, sell it or keep it themselves.
If the summons has a time to show, most definitely show up. Otherwise they get a default judgment.
Do you have a copy of your credit report to see how Sears is reporting the account? If not got to annualcreditreport.com. You get a free copy from each credit reporting agency once every 12 months.
You will also see if an collection agency is listed on there for Sears.
02-15-2013 11:41 PM
Nothing requires a creditor to refer their delinquent debt to a debt collector. That is just one method of pursuing collection.
Bringing civil action is provided for under the civil code for your state, and does not have to be authorized in an account agreement.
Bringing civil action gives both sides the opportunity to contest the debt, and if they secure a judgment, it gives them both a legal finding as to the legitimacy of the debt and the ability, if the judgment is not satisfied under its original terms, to bring further action, such as garnishment of pay, to force consumer satisfaction.
You can always contact the plaintiff prior to trial and pay the debt, and if they accept, they will withdraw their suit.
If you have proof that it was paid, then you should prevail at trial. You take your chances if you dont settle pre-trial.
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