topic Re: Summons in Rebuilding Your Credit

Summons

Anonymous — Mon, 21 Apr 2014 18:41:38 GMT

I received a summons for a CO CC that has a DOFD in late 2010. The owner of the debt is a CA. My state's SOL is 4 years, so it is still within SOL. The summons paper is dated November 2013, and the paper does not list a date and time to appear in court, it just says "You have been sued: the court may decide against you with out you being heard unless you respond within 30 days".

I checked the online court records and the case shows as "pending", with the last event logged "Declaration of non service" 3 weeks after the case was filed.

The last I heard from this CA was in October 2013 when they sent me a letter with an intent to sue. So apparently they sued a month later but only just now I am being delivered the summon papers.

What are my options here? When did the 30 days start? In November 2013 (file date) or this week (when I first received the notice)?

Re: Summons

RobertEG — Mon, 21 Apr 2014 18:55:01 GMT

The first and best option is to consult an attorney. You now know that their has been a legitimate filing.

The referenced period is most likely with respect to your response to the court..

As an absolute minimum, you should respond to the court within the prescribed period with whatever was requested, and state that you contest their action.

If you feel you would most likely not prevail by going to trial, then avoidance of a judgment would most likely be priority one.

You can always contact the plaintiff and attempt pre-trial settelement. Many actions are brought to get the attention of the consumer, and thus force a pre-trial settlement. They are most likely expecting a call.

If you obtain a settlement agreement, the plaintiff must notify the court of dismissal of their action.

Re: Summons

Anonymous — Mon, 21 Apr 2014 19:16:06 GMT

The letter goes on to say "You have 30 calendar days after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff"

I guess this answers the question on when the 30 days start, right? I was served this week.

RobertEG, thanks. If I try to get a pre-trial settlement, should I first verify with the court to make sure a judgment has not been granted already (even though the online system doesn't show a judgment) before contacting the CA? I'm afraid that I end up settling with the CA, only to find out later the court granted a judgment for the full amount (balance, interest, court fees). Maybe the court has a backlog of entering documents into the online system.

Re: Summons

RobertEG — Mon, 21 Apr 2014 19:43:28 GMT

The court will only render a judgment if it goes to trial, and they award a judgment to the plaintiff.

Since it appears to be a legitimate filing and you know its status, then you will be afforded notice of trial should it go that far.

The attorney cant file a "judgment."

Re: Summons

Anonymous — Mon, 21 Apr 2014 20:23:58 GMT

That makes sense, and I have not received a notice for a trial date and time.

As for judgments, if they get reported to the CRAs, how long are they allowed to stay on a CR? Would the judgment have a starting date of the DOFD on the debt in question, or the date the judgment actually was filed?