Calvary Summons

[tekguy2k1]

Hi Everyone,

I have been a member for a while and only posted a few times.  I am on my rebuilding journey and have a question.  I received a summons for a synchrony account that went to collections a few years ago.  I know I owe the debt and it is in SOL.  I am going to setup a payment arrangement with the law firm.  My question is once I setup the payment arrangement, should I file an answer, and if so what should I specify in the response if I have a payment arrangement setup?  Also, I know legal advice is not given, I am just curious if I answer with a payment arrangment has been made or if there might be better verbiage.

Thank you all for your time.

[gdale6]

---

@tekguy2k1wrote:

Hi Everyone,

I have been a member for a while and only posted a few times.  I am on my rebuilding journey and have a question.  I received a summons for a synchrony account that went to collections a few years ago.  I know I owe the debt and it is in SOL.  I am going to setup a payment arrangement with the law firm.  My question is once I setup the payment arrangement, should I file an answer, and if so what should I specify in the response if I have a payment arrangement setup?  Also, I know legal advice is not given, I am just curious if I answer with a payment arrangment has been made or if there might be better verbiage.

Thank you all for your time.

---

Yes you need to answer the summons, RobertEG can tell you more if he sees this thread.

[RobertEG]

You should file an answer to the complaint in order to avoid a default judgment if your payment plan is not fully implemented before the answer due date.  File the standard statement denying each count of the complaint.  Check the net or consult an attorney if unsure how to deny a count of the complaint.

If you reach a settlement prior to the hearing date, the plaintiff must notify the court that the complaint is being dismissed.

If the court is notified in time, they will send a dismissal notice to you.

If you dont get formal notice from the court prior to the hearing date (such as can occur if the plaintiff either files the dismissal at the last moment, or neglects to do so), then show up for the hearing and provide the court with an executed copy of your settlement agreement, and the court will dismiss the complaint.

[tekguy2k1]

Thank you to you both.  I spoke with them today and they are sending me the settlement agreement this week.  As long as I have the agreement before the 20th, I will pay it and it will be settled.  I also recorded the call today with them so their won't be any he said, she said should it go to court.

Thank you once again for your help!

[Anonymous]

Freaking Calvary.... ugh I hated dealing with them. That's why I settled with them recently. I was afraid of being sued. But happy you are settling! Like Robert said, answer to avoid judgment. That's one thing I've learned from him on here. Always answer.

[tekguy2k1]

I agree.  It has to be something with Synchrony lately.  I had 2 other bad synchrony accounts sent to midland that they tried to sue me back in December for.  Luckily I had enough at that point to pay those before the answer date.  Plus, midland removed the collections last week as per their deletion policy which I wasn't expecting because the accounts were less than 2 years delinquent.  Either way though, I will have this one behind me as I am taking care of the other 5 collections I have.

[Anonymous]

Good for you! Good luck with it all