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Debt - Civil Summons

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EaglesFan2006
Established Contributor

Debt - Civil Summons

Long story short, DW got a civil summons today...it relates to a debt collector collecting on behalf of Credit One.  I guess she'd had ignored a collection letter that she had until June 28th to respond to.   It seems quick to be getting a summons so soon after that but it is what it is.  

 

As I'm just learning about this whole thing now, what are the best options?  Obviously want to pay it and get it done with, but can it be that simple with a summons?  Can she avoid a judgement on her report at this point?   Any help/guidance is appreciated.  

Message 1 of 8
7 REPLIES 7
pizzadude
Credit Mentor

Re: Debt - Civil Summons


@EaglesFan2006 wrote:

Long story short, DW got a civil summons today...it relates to a debt collector collecting on behalf of Credit One.  I guess she'd had ignored a collection letter that she had until June 28th to respond to.   It seems quick to be getting a summons so soon after that but it is what it is.  

 

As I'm just learning about this whole thing now, what are the best options?  Obviously want to pay it and get it done with, but can it be that simple with a summons?  Can she avoid a judgement on her report at this point?   Any help/guidance is appreciated.  


You probably have less leverage now that there is a lawsuit in motion but settling is your best bet unless you think there is any resonable chance that you would prevail in court.    Judgments won't show on your reports but you could try and negotiate a PFD for the collection in addition to your payment.

March2010 FICO® ~ 695 TU, 653 EQ, 697 EX
Message 2 of 8
CreditCuriosity
Moderator Emeritus

Re: Debt - Civil Summons

Would just pay now to avoid any additional fees although likely have gotten some additional fees attached.  Call them up vs. brushing them away and see if can be stopped.  Doubt PFD will happen at this time 

Message 3 of 8
pizzadude
Credit Mentor

Re: Debt - Civil Summons

Also will add that if you come to terms with them on payments / settlement that you ensure they will dismiss their court case, as noted above there would be additional fees, etc.. that come with a judgement.

March2010 FICO® ~ 695 TU, 653 EQ, 697 EX
Message 4 of 8
EaglesFan2006
Established Contributor

Re: Debt - Civil Summons


@pizzadude wrote:

Also will add that if you come to terms with them on payments / settlement that you ensure they will dismiss their court case, as noted above there would be additional fees, etc.. that come with a judgement.


Thanks...that was going to be my question...what confirmation should we get regarding the dismissal of the case?   Also at this point I'm assuming liability for the filing fee, but would there be any other fees at this point?

 

Also I don't know much about judgments, but if we settle with them directly would she avoid one on her report?

Message 5 of 8
EaglesFan2006
Established Contributor

Re: Debt - Civil Summons

Ok so we paid this online and they indicated they would dismiss the lawsuit, she shoukd receive some thing in writing in a few says.   They also said she shouldn't be liable for any fees listed on the summons.    Is that true?

Message 6 of 8
CreditCuriosity
Moderator Emeritus

Re: Debt - Civil Summons


@EaglesFan2006 wrote:

Ok so we paid this online and they indicated they would dismiss the lawsuit, she shoukd receive some thing in writing in a few says.   They also said she shouldn't be liable for any fees listed on the summons.    Is that true?


We don't know this only the courts, them or you would know about any fees.  If there are fees I would certainly pay them if they are mailed or emailed to you as you know they didn't play around and just get this behind you and move on.  If no fees come great and lesson learned not to ignore things in the future especially when lenders are taking losses left and right filing suit is very easy.

Message 7 of 8
7774x
Established Contributor

Re: Debt - Civil Summons


@EaglesFan2006 wrote:

Long story short, DW got a civil summons today...it relates to a debt collector collecting on behalf of Credit One.  I guess she'd had ignored a collection letter that she had until June 28th to respond to.   It seems quick to be getting a summons so soon after that but it is what it is.  

 

As I'm just learning about this whole thing now, what are the best options?  Obviously want to pay it and get it done with, but can it be that simple with a summons?  Can she avoid a judgement on her report at this point?   Any help/guidance is appreciated.  


Is the Debt stilll within the Sol ? I got a call wanting  my name & address for what turns out  a nine year old  debt..Wonder if Ca was looking for lotto gains of old  debt bought for pennies.. or hoping to restart debt clock....never heard from them again 

Message 8 of 8
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