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Collections Law/Responding to a Summons
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Question
QUESTION: Is there a standard format or template you could provide me with in order to respond appropriately to a Summons for (Complaint For Default On Loan Repayment and Security Agreement) in Cobb County GA. Summons received on January 30, 2010 and response due on March 1, 2010.
ANSWER: Response due Monday? Why have you waited so long? I can teach you how to prepare your response and have it filed on Monday. Not a problem if you can make things happen fast enough. Call me at 405-237-2174 at any time and let's see if we can't get the ball rolling in time
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QUESTION: I have been working on it...long story. Anyway, I read the summons again and I don't think there is any way to win so I was contemplating not responding at all.
You can do that if you want to but if you don't respond you automatically lose whether you had a chance or not. You might have a chance to win if you go at it right. My advice is never let a case go to a default judgment without a fight. If you want to let it go to a default then you had better be well prepared to protect your assets. If you don't do one or the other or both then you could be in for a very rough time of it.
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Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
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