Let's say that you usual bring home pay (after taxes are withheld) is $2,500/month. If the Plaintiff is awarded a judgment (which most likely they will win), then they can file a WRIT OF GARNISHMENT and your employer would have no choice but to deduct 25% of your net income (most states) and send it to the Plaintiff until the entire balance is paid! But, you should be able to negotiate a reduced settlement (if you have a large sum of funds to offer) or a repayment plan of the entire debt balance. If you are employed (receive W-2 income), then you are not going to have very much leverage at this point. You should contact the attorney for the Plaintiff (creditor) and try to work out a repayment plan. If you don't believe you owe the DEBT=CLAIM, then you must file an "Answer", which not only costs (about $165 last I heard in Multnomah County) but it must be in the proper, legal format which may require an attorney to prepare.more costs!īUT, since you owe the debt (not the time to talk about the outrageous fees and interest tacked on), then you won't be filing an ANSWER. Next, the SUMMONS seems to say that you are going to have to GO TO COURT! In fact, there are limits and protection for consumers by the Fair Debt Collection Practices Act that you should be aware of. OK, let's calm down and look closely at the SUMMONS.įirst, in the case of UNSECURED DEBTS (Credit cards, medical bills, personal loans, Store Cards, private student loans, etc.), the Plaintiff (this is the creditor or who you owe the money to) cannot:
If you have any questions, you should see an attorney immediately." WOW, NO WONDER PEOPLE GET SCARRED!!! It must be in the proper form and have proof of service on the Plaintiff's attorney or, if the Plaintiff does not have an attorney, proof of service on the Plaintiff. The"motion" or "answer" must be given to the court clerk or administrator within 30 days along with the required filing fee. To "appear" you must file with the court a legal paper called a "motion" or "answer". "You must "appear" in this case or the other side will win automatically. In case of your failure to do so, for want thereof, Plaintiff will apply to court for the relief demanded in the complaint." " YOU ARE HEREBY required to appear and defend the complaint filed against you in the above-entitled action within thirty (30) days from the date of service of this summons to you. A client recently sent us a SUMMONS and this is what it said (you can understand why they were upset!): We're located in Portland, Oregon and in the County of Multnomah. This is a legal technique whereby an attorney, licensed in your state, is hired by the debt collector or creditor to file an official complaint with your county court. If the collector cannot get you to pay the debt, they may decide to FILE A COMPLAINT.
IPANIC LAKELAND HOW TO
By the way.hears how to put a stop to collection calls: If you've ever been in that situation, you know that you get letters and calls and calls and calls. When you have too much debt to keep up with the payments due, they may be charged off by the original creditor or placed with a collection agency in an effort to collect on the delinquent debt. I/we've been helping people with DEBT, basically UNSECURED DEBTS, for many years.
Let me try and help you get over the fear of receiving a summons! So true! We often get "freaked-out" because we think something is what is not.
Sometimes, the delivery person is a police officer and that even makes it worse! Make no mistake, it is a scary time when someone knocks on your door and says something like, " Are you.You've been served!" You need to understand what a debt collector CAN and CANNOT DO! If you are served with a summons for past due debts, DON'T PANIC!
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