Ok. I'm scared. I don't know what to do with this. I received a summons on Feb. 2nd by Cap One, the summons is dated January 4th, 2011 and says I have 30 days from the date of service of this summons to apply to the court for the relieve demanded in the complaint. This is with Suttell & Hammer PS. The next page is a notice to defendant saying that I need to motion or anser the court clerk or administrator within 30 days.
The man came to my door, gave me the papers- I didn't sign anything, he showed me the numbers of the lawyers to call and apologized.
Within the letter is says "Wherefore, plaintiff prays for judgement against "me" for the sum of $2327.42 together with interest theron a the highest legal rate, and any further sum which may be proven at the time of trial, and if allowed by law or agreement for costs and a reasonable sum for plaintiff's attorney's fees; and that such judgement shall bear interest at the highest legal rate after entry...
Well, I called the Circuit Court- and they did receive the complaint however they had not been updated with the date of service. She told me to call back by Friday/Monday to check on the date posted, my 30 days begins on the date the court is notified of service.
I received a call on my cell to day by Suttel & Hammer. I called back and asked to talk to the lawyer assigned my case and was given to an assistant/paralegal instead. He gave me my options, pay in full, offer a settlement amount, or make payments. I'm unable to pay a lump sum right now, so I can do payments - he gave me an amount that I could handle, and the date in which they needed payment by each month. He said he'd write up a contract, send it to me- and I'd sign and return. I then asked him what I do with the summons? Do I respond, does the payment plan mean that they are dropping suit? He would not provide me with a sound answer. He said he was not authorized to give me legal council or offer advice at all. He said that if I honor the contract they will cease in further efforts against me. BUT - that doesn't answer my question... how do I answer the summons if they are offering me a payment plan? Is this their hope that I don't answer it and they can get a default judgement?
I don't know how to proceed with this. This is my debt to pay, I can make the payment they offered - but I don't want to be set up either thinking I"m doing what I"m supposed to do while they collect a judgement because I'm ignorant on this whole situation.
Any advice would be greatly appreciated!!
