How to Reply to a Personal Debt Court Summons to Delay Or Dismiss a Court Case
If your debt winds up in court in an attempt to make a collection, how should you answer the summons?
When you are served court papers as an attempt to collect on a debt, you need to know what can happen, as well as what you should do.
Here’s the rule:
if you get served papers… respond.
I repeat…if you get a court summons, do not just ignore the summons, that is the WORST thing you can do. In fact your creditors are banking on it.
When you don’t respond to a demand to go to court for your debt, you are behaving the way your creditors want you to behave. If they serve you papers, and you don’t respond, then your creditors will automatically get a default judgment. A default judgment gives creditors a couple of new ways to collect on the debt.
Their collection options vary from state to state, but in most states the creditor receives the right to either garnish wages, or place a lien on a personal property, most often a home mortgage.
So if you get something from your creditor who is trying to take you to court, then you absolutely MUST respond, if only to throw up a roadblock and by you some time.
When you reply to the court about a debt, you should clearly state why you are in the situation you are in, and what your ability is to currently pay back the debt. Even if you can’t pay anything, say so, and why.
What you are basically doing is giving the judge your side of the story. If you have tried to work with the creditor, and they were not cooperative, let the judge know. If you say nothing, you are guilty by default. Stand up for yourself! Don’t let the creditors push you around! They are banking on the fact that you won’t do anything, and then they can come in and try to get there money with a default judgment.
Moral of the story:
If you get something about your debt in the mail, or you are served papers for court, be sure to reply so your creditor doesn’t win a judgment by default.
I am an expert in debt settlement and credit repair. I offer free information about debt at http://www.debt-professor.com I offer a FREE debt workbook, or you can also take my free debt exam at: http://www.freedebtexam.com
You can visit my website for information about settlement, credit repair, consumer credit counseling, general debt help etc….
Please feel free to contact me if you need guidance with debt. I’m here to help.
Article Author :Aaron_Englert
Last 5 posts in Debt Relief
- Best Debt Consolidation Loans - Where to Find a Reputable Company - March 19th, 2009
- Is Debt Consolidation a Good Source For Debt Relief? - March 18th, 2009
- Debt Consolidation - Bankruptcy - Is it an Option? - March 17th, 2009
- Debt Consolidation is For Debt Relief - March 17th, 2009
- Debt Help - How You Got Into This Debt Mess and How You Can Get Out of It - January 21st, 2009
Debt consolidation companies provide a valuable service for people have accumulated more debt than they can feasibly manage on their own. With the current economic crisis, some folks who were able to make at least minimum payments on credit cards and keep up with mortgages are now finding if more difficult than ever to stay on top of their finances and manage debt repayment.
Unfortunately, as with any type of business, there are some debt consolidation companies that do not have the best interest of the borrower in mind, or are outright scams. Many of these ill-reputed companies have a strong… Continue reading
With the economy the way that it is today, many people are finding themselves in a credit situation. Sometimes these “credit situations” can get a little out of control and when this happens there are some choices that have to be made. Most of the time, by this point, the situation is beyond just a plan of better budgeting.
Some people will choose to seek the help of a credit counselor while others will examine the thoughts of debt consolidation versus debt settlement and even others will go on to face bankruptcy, which should always be the absolute last resort.
It is… Continue reading
Now-a-days, when financial crisis is looming everywhere, people are trying hard to overcome their bad debt management habits. If you too are finding it difficult to manage your debts, you can consider Debt Mortgage Consolidation loans. However, these loans are of several types and it is very essential to find out the type of loan that best fits in your interests before taking a final decision. But, bear in mind that your home is required as a collateral security for acquiring any of these loans. So, it is in your own favor to remain cautious for if you over extend… Continue reading