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Collections Law/Court Summons on debt
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Question
On Friday, I was presented with a Summons demanding that I provide an answer to the complaint "which is served upon me, within 30 days." (delivered on July 11) I do owe the credit card company, and I have let it go. In fact, I owe a lot of companies, and there is no way I can pay, so I guess I need to declare bankruptcy? However, in the meantime, I want to dispute this amount. It is way more than I have documented, even if I count the interest and lawyer fees. Could my "answer to the complaint" be a request to see the documentation on the credit card bill? I know this will just delay the inevitable, but in the meantime, I would like to discuss my options and see if bankruptcy is the answer, and if so, can you help me or recommend someone who can?
You may request validation as part of your answer but would need to dispute the debt and show a valid defense against the creditor. It would be valid to dispute the amount of the debt and demand proof of what you owe. You may delay the judgment but if it is a valid debt it is inevitable they would obtain judgment.
You may negotiate a payment plan prior to judgment or a lump sum settlement for less than the full amount. I may be able to help. Give me a call at 877 270 8204.
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Answers by Expert:
Michael Brotherton
Expertise
Consumer/Debtor Rights Advocate. Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years. Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com. FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY. Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be. Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems. www.financialemergency.com (copy and paste in browser).
Experience
Over 40 years combined experience negotiating disputes and resolving financial issues related to consumer debt, corporate issues and mortgage modifications.
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