Received Summons with No Court Date

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Latest post 08-14-2010 9:23 AM by pete3735. 7 replies.
  • 07-19-2010 7:03 PM

    • sarahshaw
      Consumer
    • Not Ranked
    • Joined on 06-16-2010
    • IN
    • Posts 4

    Received Summons with No Court Date

    I received a summons today from [a credit card] suing me over an unpaid credit card that has been in colelctions for almost 4 years...just before the Indiana Statute of Limitations. Before you judge, please realize I was young, had a traumatic experience occur, and then the interest got too high. To date I am STILL trying to recover from this event.

    Anyway, the summons does not have a court date on it so I am confused. It says I must answer the complaint in writing to be filed within the court within 20 days or the judgement will be entered against me for what the plaintiff has demanded.

    I don't understand how they expect me to pay this debt off considering I do not own or rent a house nor do I have a car in my name. My debt to income ratio is ridiculous.

    But I digress, at the bottom of the paper it says " Return of Service of Summons" and I am not sure what that means or what they are expecting me to do. If anyone can give me options or explain to me what they need me to do, that would greatly help me figure out my next step.

    Thank you.

  • 07-19-2010 7:11 PM In reply to

    Re: Received Summons with No Court Date

    You need to go down to the court and read the entire file.  If this is a summons where they are initially suing you if you don't answer it they will get a summary judgement for the amount they are seeking.  If you answer it then they should set it for trial.  The problem is you OWE the money.  There isn't really a defense since they did file within the statutes of limitations.  If they already sued you and used "sewer service" you can seek to have the judgement set aside based on improper service but again that is only delaying the inevitable.

    "My debt to income ratio is ridiculous."

    That won't be taken into consideration by the court.  What they will do is order a wage garnishment up to 25% of your income.  They can also garnish bank accounts.  

    If your debt is that high a consultation with a bankruptcy attorney is in order.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 07-19-2010 7:14 PM In reply to

    Re: Received Summons with No Court Date

    You might as well talk to a bankruptcy.

    If you don't have the money to pay the debt and can't defend because you owe it, the plaintiff will get a judgment against you (for the debt plus thousands for lawyers' fees) and then start garnishing your pay for good sized chunks.

    If you want to avoid all that I suggest you see a bankruptcy attorney ASAP so you can start stashing the cash to pay him his fee.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 07-21-2010 5:32 PM In reply to

    Re: Received Summons with No Court Date

    A summons will often not have a court date.  It will give you a certain time in which you must file an answer with the court, whereupon, depending on local practice, you will get a date.  Therefore, to avoid default, file an answer.  Then, try to settle with the plaintiff on the court date.  Often, the judge will try to help make settlements.  But, Jack is right, you will ultimately lose this case.

    Michael D. Siegel, Esq.

    Siegel & Siegel, P.C.

    One Penn Plaza

    New York, New York 10119

    Phone: 212-721-5300

    email: sieglaw@optonline.net

    website: www.siegelandsiegel.com

    Serving the metro New York area, including New Jersey

  • 08-12-2010 8:59 PM In reply to

    • pete3735
      Consumer
    • Not Ranked
    • Joined on 06-22-2010
    • NY
    • Posts 13

    Re: Received Summons with No Court Date

    what if the summons did not have an index number?  I had a instace where I go a order to show cause with the summons wiht no index number.  Can that case be dismissed?

  • 08-14-2010 9:05 AM In reply to

    Re: Received Summons with No Court Date

    In NY, it would be impossible to have an Order to Show Cause without an index number.  Also, a summons is supposed to have a number, but you can call the court to get it.  This is not a fatal error to papers.

    Michael D. Siegel, Esq.

    Siegel & Siegel, P.C.

    One Penn Plaza

    New York, New York 10119

    Phone: 212-721-5300

    email: sieglaw@optonline.net

    website: www.siegelandsiegel.com

    Serving the metro New York area, including New Jersey

  • 08-14-2010 9:23 AM In reply to

    • pete3735
      Consumer
    • Not Ranked
    • Joined on 06-22-2010
    • NY
    • Posts 13

    Re: Received Summons with No Court Date

    I believe what happened was they got the index number after they sent the summons and before the order to show cause.  (like you said).   The order to show cause has an index number on it.  I thought it was fake at first, but NY has a website in which you can look up by your name.  Found it...  I read some things on the internet where collecters use fake summons to get you to pay.  Because I didn't see an index number, I almost dismissed it as fake..... 

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