How to Answer a Summons for a Debt Collection Lawsuit (In 3 Steps)
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- Опубликовано: 18 авг 2019
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How to Answer a Summons for a Debt Collection Lawsuit
In this video I show you how to answer a summons for debt collection.
“My debt collector is my best friend!” - said no one ever.
Follow these steps to win your debt collection lawsuit.
1.Create your Answer document to the summons.
IN MOST STATES YOU ONLY HAVE 20-30 DAYS TO RESPOND TO THE LAWSUIT BEFORE YOU AUTOMATICALLY LOSE!!!
That’s not a joke. If you ignore the lawsuit you will lose and you will end up paying more money, sometimes as much as 10x more! Do you want that? If you don’t want to automatically lose your case, then make an Answer.
To make your Answer to the complaint, respond to each numbered paragraph on the complaint.
2. Assert your affirmative defenses.
Also on your Answer document, you must assert your affirmative defenses. These are just any reason why the person suing you doesn’t have a case. If you don’t make your defense now, you can’t make it later.
3. File your Answer with the Court and mail a copy to the other party.
This is the most important and perhaps difficult part. In most states you need to physically print and mail your answer. Send one copy to the court, the other to the opposing attorney.
Responding to the lawsuit by first filing an answer will give you leverage to settle and talk down your debt.
You can use our website SoloSuit.com (bit.ly/2o0D4qv) to easily generate an answer, then we can have an attorney review it and file it for you.
50 State Guide on How To Answer a Summons for Debt Collection: bit.ly/2psySjz
Looking for even more ways to stick it to the man? Add to our Justice for All playlist on Spotify: spoti.fi/2VFgdx6 
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Wow so clear and direct. Thank you.
Thanks, glad we could help Lucky
Big shout out to solosuit. You guys are amazing in helping out with response letters. I will be using your services for any additional problems that I have....
Our pleasure!
Thank you, very simple and free....awesome
You're welcome!
Thankful to have found this video. Made the answer process super easy only took 5 minutes
We're glad we could help! Good luck with your case.
Bless you for explaining this so clearly
Thanks Guadalupe, glad we could help.
This is my first video and your awesome!!!! I’m going to watch because I haven’t filed my answer yet. Thank you!
Thanks Kimberly, glad we could help.
Omg this video is heaven sent!! Thank you, I am not working so I can't afford an attorney.. But you are very direct thank you!!
Thanks Fancy, it's our pleasure to help!
This guy is funny AF! 😂 and very helpful. Thank you
Glad you enjoyed!
Completely blown by how simple this was!
Glad to help!
Your the best I was hella nervous tbh…. I dnt know how to respond and now I fill confident
We are so glad to hear it! Good luck with your case; we hope you win.
Thank you for the explanation.
Glad it was helpful!
Very well done video for the average person. Thanks for not talking down to those who are already hurting.
Thanks for your feedback. We want to help people make sense of their debt lawsuit. We hope our videos help.
Thanks for this video!
Thanks Scarlett
What you're not telling your viewers in this video is DO NOT respond to mail or phone calls from collectors, doing so will reset the statuet of limitations but also confirming to the collector you own the debt opens the person up to being sued so if someone answers the ph from a number they don't recognize and the first words they hear are "you are on a recorded line" that is a collectors attempt to get you recorded admitting to the debt so they can proceed with their possible law suit if you don't pay
You're right; if you admit that you owe the debt or make an agreement to pay, you could reset the clock on the statute of limitations.
@solosuit do you have any testimonials, on successful cases? I
If you don’t respond at all, then they will assume you owe and continues to harrass. Can you elaborate more on to not respond. Can someone respond and say , don’t not contact.
You explained it Really well
Thanks!
Thank you, George! What a shakedown the debt collection is. They buy the debt for $0.04 on the dollar and intimidate people for what the bank said the total of the debt was. The collection letters did reflect different amounts. Bottom line is the issuing bank has discharged or written off the debt and we don't have any signed contracts with these collectors trying to make 96% profit on their investment. THANK YOU AND BLESS YOU!! I was sick to my stomach receiving the summons and feel so much better hearing your videos. I will be using SoloSuit to file my response tomorrow after some sleep. God Bless you! ❤🙏
Glad we could help. Good luck responding to your case, and feel free to schedule a call with us or send an email if you have any questions.
@solosuit how do we call?
God Bless You! Thank you for your videos.
You are very welcome. We hope our content helps. Thanks for watching!
I received a summons the other day. I went to the website you stated, but I live in Kansas. Thanks in advance. 🕊❤️✌🏽
Hi Queen, we help people in Kansas all the time. Just order the "Standard" package, leave the "Courthouse" and "County" fields blank. Text the number on the website if you have any questions.
Go to SoloSuit (bit.ly/2KFZxRU)
What was your outcome? I'm curious, I happened to file my forms recently
Your site is a godsend!
Thanks, Talking. We are so glad we could help.
Thank you for your service. It is a life saver!
Kim, it's our pleasure to help!
Your intro Music is Awesome Buddy :)
Thanks Libby, hopefully it didn't induce too much anxiety.
Love your work ❤
Thank you so much 😀
I am so relieved right now! I watched your video....i died laughing when you were talking about printers! Mine was not working! Lol! So I went to you website and did your 15.00 service. THE BEST MONEY I EVER SPENT !!!!+ thank you!!!!! I cant tell you what a difference you made!!!
Hi Pat, it's our pleasure to help. Printers problems are real.
Great info ! ☺️
Glad you think so!
I loved it !
Thanks a lot....
You're welcome 😊
Great advice.
Glad we could help.
Very clear and concise.
Glad it was helpful!
Great tips.
Thanks Rebecca
Thanks for your help
Happy to help!
Thank you so much for the information you shared. You helped me a lot. Bless you and may you continue to be successful.
We're glad we could help! Thanks for the feedback, and good luck with your case.
Thank you so much
You're most welcome
P.S. You don't always need a library card to print at the library, and even if you do, the library card is free and helps libraries receive stats that they report to the government, which in turn helps libraries get funding. :) And at many libraries, printing is either free, on a donation basis, or super cheap! Libraries are the best! :)
Nice, libraries are amazing places. Thank you, Benjamin Franklin.
You speak the truth.
If you have a school-age child and you introduce them to the library, even twice a week, academic success awaits.
In this era of wanton internet, however, you have to watch what material your developing child is coming across.
There're so many groups, good and bad, vying for your child's innocent attention.
Here @ zip code: 78380 .45 each copy. Two years ago.
Most grateful, it's amazing how profitable ignorance is! Reading is an difference maker! As your channel grows dont feel bad to not responding to questions you already covered in your video! Our society would benefit greatly from listening, thinking and doing. Much❤Blessings to you! Thank you, for your time!
Hey Simple Pleasures, thanks for the kind words. Glad we could help. We're rooting for you!
Isn't that the truth; I am glad I found this channel through a Google search.
great video, this was truly awesome. However, the options don't fit CA for selecting a courthouse, is there any link for California??
Hi, Corey, we're updating the site soon. Just leave the "County" and "Courthouse" fields blank.
Thanks ALOT
Thank you, Georgia, for watching
Waiting for your next video
Good. So are we.
Thank you, thank you.
You are very welcome! Good luck to you.
I love writing answer letter for people. They’ll NEVER contact you AGAIN!
That's the goal!
Would you be interested in writing a letter for me ❤?
How much will you charge to write one for me?
Simple & easy to understand. Thank you for a straight forward video. 🎉
Glad to hear it. Thanks for the feedback!
I like the way he explains it, I like your way
Glad we could help!
I just want to say thank you so much for your guidance through the steps... this video is so helpful!
Hi Haley! We are so glad we could help. Good luck with your case! Here's wishing you the best possible outcome.
thank you..!!
You're welcome!
Thank you ❤
You're welcome 😊
I am filing using your generated documents Monday! Have you ever had any success asking for private arbitration if the debt contract allows?
Glad to hear you are using our service!
We used to provide templates for a Motion to Compel Arbitration, which had a pretty high success rate, but we currently do not offer that service any more. Our services only include initial Answer documents right now. However, we will be adding more products soon, so stay tuned!
Thank you.
You're welcome! Good luck with your case.
Thank you
You're very welcome!
THank you for sharing. I have recently received a summons for debt. I am going to use the SoloSuit to provide my answer, however I am conflicted on which I should choose "Prove it" or "I'm Not Sure". I previously was living in California, I just recently relocated to Kansas. In California, I was using a credit repair for 6 months but then I had stopped. I have 2 exhibits; one is the last bill showing the balance owed, the second was the bill of sale. I wanted to use the "I did not agree to my debt to be sold to a different company and not to the original creditor". What is the best way to go about this?
The Premium Package is helpful if your not sure whether to do "Prove it" or "I'm not sure." The attorney review and consultation are great resources in that package.
We're prohibited by regulations from providing legal advice.
Wow! Thank you so much. Your video made it simple to understand and took loads of stress off.
We're glad we could make it less stressful. Good luck with your case!
In the answer can you ask for production of documentation, like the proof of the original contact, proof they own and purchased the debt, document of the debt being validated? When do I send this? And also what happens after you officially answer and send everything certified? Thank you so much.
Yes, the SoloSuit process makes it simple to request documentation of the debt. We use language requiring the collector to "show an accounting" of the debt. Usually collectors are unable to.
After responding to the lawsuit, a few things may happen. 1) the collector will contact you and attempt to settle. 2) the collector will file for discovery, sending you a Request for Admissions or something similar. 3) the collector won't make any further moves. 4) the court will reject your documents for some petty error, in which case you'd need to refile.
this helps me alot I got summoned this morning it was hell
Glad we could help! We hope you win.
Well I just want to give solo suit props because they helped me with a lawsuit last year where I filled a response and then went to court long story short 3000 debt was dismissed
Wow, congratulations! We'd love to hear more about your story. Shoot us a message at support@solosuit.com to tell us more.
Thank you for this amazing video - I took your advice and used your template to respond- I responded to every paragraph and even that the Statue of Limitations has ended. This was back in April. As of today, I have not heard anything back from the courts or the Plaintiff or the attorney to verify the debt etc. Do I request a dismissal?
In case you didn't see our other comment, here is an article on a Motion to Dismiss: www.solosuit.com/posts/make-motion-to-dismiss
I never received either I just received a card from Cavalry offering a settlement and a court day with the lawyers name etc...
You can contact your local courthouse (often the one closest to you) and ask if they have any lawsuits on record for you. If the documents you received from Cavalry have your case number, you can use that to find your lawsuit and respond to the original complaint with an Answer and a Motion to Set Aside Judgment. Give us a call on our website and we may be able to help.
Can you do an updated pandemic edition🦠🦠🦠 if you are running low on cash due to job loss, and may not be able to go back due to health issues
Hi L, we made one just for you ruclips.net/video/xdSYJ6DHXfI/видео.html
I file motions to dismiss them motion to Vacate them motion to strike make them spend money first then answer if you lose all three make them work!!
Haha, hardcore approach.
Thank you so much! Once I Mail this what happens next? Do we have a court date or can we call the debtor and set up a payment plan? What is the next step??
Hi Brittany, you can go here to try to settle www.solosuit.com/debt_lawsuit_settlement_letter
Thanks for the info!
Are the answer forms from Solosuit recognized as legit court documents in Nevada?
Yes, they are. We have extensive experience filing in Nevada and rarely have court documents rejected there.
First of all thank you so much for all the information!!!!! I'm getting sued for medical bills. I do owe them. But everytime they called, they gave me only 2 payment options. To pay in full or 2 payments. My debt is 4500. So it is impossible for me. So is it still recommendable to deny, or do I just reply assertively? All I wanted was monthly payments. Not a lump sum. Thank you for your time.
Good to hear from you Marisa. Many people do a general denial in your position - so deny all of the paragraphs. Once you file an Answer they should be better listeners.
That said the path we've seen work the best is: 1) Answer 2) save up money 3) negotiate down the debt to 1%-50% 4) pay it off in one lump sum.
Paying in a lump sum is much more enticing for a debt collector and will make it more like that they'll settle for a lower amount. So after answering, you may only need to pay them as little as $450.
We aren't attorneys and this isn't legal advice.
Ofc my issue is here in PA !!! And their summons maybe different then other states
Sometimes the process is slightly different depending on which state you reside in and what course has jurisdiction over your case. We have a PA attorney who can review your Answer doc and let you know if it is reading for filing. You can sign up for that service here: www.solosuit.com/debt_answer
Having something from 2016.
I live in KY and just got served by a sheriff deputy today on a Sunday.
Over repoed auto.
From a debt collector
I believe KY has a 15 year SOL ?
If use your services and they still pursue this.
Will I have time to start/file a chapter 7 or another# . Lol
Jim Cooper yes, Filing will Gove you time to consider bankruptcy. We can also connect you with bankruptcy service. That said, 50% of our passed cases get dismissed.
Great video! Thanks!
Will your template work for California?
Hi, yes we can help you in California. Just generate an answer and then give our phone number on the website a call.
Please contact me @ Solosuit, I made a payment to this company, now there is lack of communication on their part. Is this a legit company?
Hello George and thank you so much for creating these videos. I just printed my answer form. However, I'm not sure that I'm still liable for the debt as it's been 3 years since the last payment. Is there any way you could clarify this for me? I am in SC. Thank you so much!
The statute will vary depending on the type of debt in question. Here's a resource with South Carolina's statute of limitations on different types of debt: www.solosuit.com/posts/debt-collection-laws-in-south-carolina#:~:text=South%20Carolina%20debt%20collectors%20must%20follow%20debt,Source%3A%20S.C.%20Code%20%C2%A7%2015%2D3%2D530
New subscriber 👍👍
Thanks so much for subscribing! Welcome to the SoloSuit fam.
Solo suit how can one pay a debt with a debt currency system? How can one service a debt with a currency that has no value or substance? I thought no contract in common law was valid unless it involved an exchange of good and valuable consideration. Am I right?
Wow, alright now, way to wax philosophical. This is getting a little Zeitgeist-y ;) Indeed common law generally requires offer, acceptance, and consideration for a contract to be established. These terms can be defined pretty broadly. SoloSuit.com helps people make the defense that they never entered into a contract.
Hey i was given a summons in IL. Which option do i chose on the website?
Hi, choose "Answer to a Complaint." Then it will only show options for UT, but we help in IL. Just leave the "Courthouse" and "County" options blank. And you can choose the Premium Package for IL.
I owed a personal loan and a credit card that opened in Texas but now I live in North Carolina when it comes to the SOL do the creditors go by the state I opened the account or the state I currently live?
Hi Bella, generally the statue of limitations the debt began in applies. This isn't legal advice and you shouldn't rely on this answer.
Question: In your response to Marisa Garcia you said that you and your team are not attorneys. What exactly are your qualifications? Are you CPAs? Former employees of debt collection services? I ask because I couldn't find a description on your channel. Thanks!
Hi Liber, thanks for asking. George is a law school graduate (JD/MBA) from BYU. He isn't an attorney. SoloSuit is a technology company, not a law firm. We've helped 1,300 people protect over $3 million from predatory debt lawsuits in just a short time. We're making the law more accessible and closing the justice gap.
In USA any court you can represent yourself as long as you know the specific law of the land for respective law suits against you
dope!
Thanks, Joon. Hopefully, you'll never have to use this newfound knowledge.
I got a summons today, showed up to my house and it was sitting on the table. I have a court date set for next year. Do i go to the court house or can I just negotiate with them. I am working with a debt settlement company and they have been working on this for me can I just settle before the 30 days or do I have to respond at this point.
Hi Albert, we can't give legal advice on your particular situation. Generally, it depends on what state you're in. In almost all states, when someone gets a Summons, they need to respond with an Answer document, otherwise they automatically lose their case. For most people, it is best to first file an Answer and then negotiate a written settlement and have filed with the court.
We've seen many people who think they have settled with the collector but they don't have anything in writing and nothing is filed with the court, so the collector screws them. This happens frequently. If it's not in writing, it never happened.
You can use SoloSuit to generate an Answer in about 15 minutes.
I tried to using your site, I only have 5 complaints to file but I couldn't figure out how to get out of the answering complaints. please advise.
Hi CAB, please call the phone number listed on the site. We can certainly help you respond.
I paid TD BANK a settlement amount in a lump sum after being summoned. How do i go about this now? Am I still going to have to go to court. There is no defense anymore since I paid it. They said they will dismiss it after paying. How do I prove that I paid tho , in my settlement answer response?
Generally, a stipulated settlement agreement should still be filed with the court when a settlement is reached. Also, it should be clear that a settlement is “full and final”. If you paid off a debt and are now being sued for it, a bank statement can be helpful in showing that you paid the debt. Hope that helps!
I don’t have a definitive answer other than not living at the place where they sent the letters to. They ended up finding my new address but I had forgotten about the hospital bill since I wasn’t getting the letter sent to my current address. I called the creditor or collector and set up a payment plan but they said that they’re going to enter a default judgment anyways any advice?
Since we are not attorneys, we cannot offer legal advice in regard to how to respond to a default judgement. That being said, many people in that position file a Motion to Set Aside Judgement and have their cases dismissed.
Hope to utilize this service if can afford to.
Glad to hear it. It's totally worth it.
Hey any advise on medical debt lawsuit
Hi Nancy, good question. Not a whole lot changes for a lawsuit over medical debt. It is still considered a debt collection lawsuit. The main thing to consider is if you're being sued by the original creditor (the hospital) or a debt buyer (the debt collector.
If the plaintiff in the suit isn't the hospital where the medical debt came from then there is a good chance the debt was sold to a third-party debt buyer. This can change the nature of the lawsuit in some states (like Texas). It will also mean that you'll have a better chance of settling the debt since the debt buyer probably bought the debt for less than 10% of its face value (so they probably paid $10 for a $1000 debt).
Does that help?
(SoloSuit is not an attorney, this isn't "legal advice")
Will a credit card debt collector ever have someone personally “serve” the summons or will it always be mailed? We’re talking about a low dollar debt in the range of $1000-1500 with pay off options under $1000.
I just had a personal delivery...in Montana
Personal delivery is common.
Thanks for chiming in.
They just sent me a civil action information subpoena from the law firm and midland, thing is I dont make enough for them to garnish wages or have much in savings under 800 bucks. Thing is I do co own a car with my mom that we both use and split the costs for can they go after the vehicle at all? we still owe over 7k on it. NJ btw if that helps. The debt is under 2k but apparently its at 3k now with interest
Since we aren't a law firm, we're prohibited by regulations from giving legal advice.
Generally speaking, a collector can usually take a car or get a lien against it.
Here are some articles on it: www.solosuit.com/posts/179, www.solosuit.com/posts/185
It doesn't matter whether you own the car fully or not.
Also, judgements last for 20 years in NJ www.solosuit.com/posts/97, and can probably be renewed forever. So, unless you plan to never make money or own assets ever again in the future, you probably aren't "judgment proof."
I live in Utah too in SLC county And It's possible that I may be sued by a debt collector in the near future do you have a recommendation on a lawyer I could hire just to make sure everything gets done the right way?
The website below may be of use to you. It can help you find a lawyer in your area:
www.avvo.com/
I received one in April, May, and June, and today someone brought it, in person. So it's way past 21 days... It seems sketchy now, if I respond.
Ignoring a debt lawsuit can result in garnishments, liens, etc. We've found that courts are often more lenient regarding deadlines when the defendant does not have an attorney.
Check out our website where you can generate a free Answer document to send to the court in response to the debt lawsuit:
www.solosuit.come
Do I respond through just a letter on plain paper? Is there a formal format?
Hi Amy, yes, there is a formal format. SoloSuit.com makes it easy to generate an Answer with the proper format.
After you answer your summons with court and there lawyer should you call there lawyer and try to strike a deal any help I appreciate thanks
Yes, you can use our SoloSettle beta program to try to settle your debt. Settling the debt, or striking a deal, is usually the best outcome for most people.
Its not free.
Note that prices are subject to change.
How should I respond to a debt lawsuit I received 2 weeks ago I have since reached a debt settlement with the firm. Should I respond and say debt settlement has been reached and attach agreement between my self and debt collector?
Thanks in advance
Hi, we wrote these two articles just for you: they should help.
www.solosuit.com/posts/262
www.solosuit.com/posts/362
Generally, someone in your position should still file an Answer and also file record of settlement.
I haven't received anything in the mail, but I did receive a voice mail from someone that claimed to be an independent legal courier, and told me that I had to meet with him between 3 & 5 pm to sign a document & if they don't get my signature, he'd mark it as a direct refusal to comply, & the process would go on w/o me. He also gave me an 800 number to call which is supposedly the filing party's office & gave me a file number to give them. My question is, is this legal? Or is this a scam? What do I do in this situation?
Did you try looking up the number he gave you online? Sounds a bit sketchy. You may want to do more investigating before you take any action, just to be safe.
Hi I receive a complaint document I did the answer and today I meet with the attorney from JP MORGAN and the "mediator' for the complaint, they didn't want to agree to my offer to settle and send it to trial. I just find out they have an arbitration clause in our agreement can I still do a motion to compel arbitration?
Generally, you can file a Motion to Compel Arbitration if your credit card agreement has an arbitration clause. If this is the case, the judge will usually grant the motion.
What if I'm in a debt relief program and I still got summoned? It doesn't make sense to me because the account is already being negotiated with the collector, but I still got summoned. Any suggestions guys?
Hi Self, for whatever reason this is pretty common. A lot of people who are in a debt relief program/debt consolidation/ debt settlement program still get sued. For people who get sued while in a program like that, generally they should still respond to the Summons. Responding will give them much more leverage to settle the debt.
I was given this by someone at a former address where it was served and now past the 30 days given to answer. You think they will take that into consideration?
Hi Rebecca, generally the court only considers improper service if a defendant brings it up in their Answer. That's why it's so important to file an Answer.
If you file a motion to dismiss do you still need to reply to each of their points in the complaint? Thx!
Keep in mind that we cannot offer legal advice. Generally, it's best to respond to a Complaint with an Answer to avoid default judgment.
what happens after you file an Answer to the Summons? Will you still have to go to court?
It depends on the court. Some courts require you to go to the court for trial, while others require that you appear via web conference (like Zoom) during the pandemic. It's best to call the court to check if you have a court date. Often, the court date will be listed on the Summons documents, so keep an eye out for that.
Hello, I just got summoned in Nevada and I don’t have a job or money 😟 do you think you could help some how?
Amikka Disciple Yes, just go to SoloSuit.com And you can generate your answer. Give the phone number on the site a call if you have any questions
I didn't know and still don't know what debt this is about but my checking account was just drained by Rausch Strum so apparently I lost my case so what now?
It sounds like your wages are being garnished. This is probably happening because a default judgment was entered against you if you were sued and never responded.
It could be a good idea to call your local court and try to find your case information. If you were never notified of the case, there is a chance you can still fight back. Generally, people in that position can try filing a Motion to Set Aside Default Judgment so they have another chance to fight the lawsuit.
Who does the Proof of Service? I'm the defendant and not sure what I need to do with it? It was attached with the civil summons and it's a blank proof of service. Do i need to fill it out?
Some courts require proof of service or at least a certificate of service (which is included in SoloSuit's Answer doc).
If you plan to file your Answer on your own and you received a form for proof of service, it may be a good idea to fill it out and submit it with your Answer.
I have not been properly served but had gotten a letter from an attorney advertising his services with copies of documents of lawsuit. What do I do?
Did you never recieve the lawsuit? Generally, the court doesn't care if you weren't properly served unless you tell them. SoloSuit can help you say you weren't properly served in your Answer. If you weren't properly served you need to Answer to bring it up. This is called "sewer service". People get garnished all of the time as a result of sewer service cases they didn't answer.
what happens when an account is transferred to a debt collection agency from the original creditor and they sue? This account is 9-10 years old and it was transferred to a JDB recently as of the beginning of the year I believe, so my question is can I use statue of limitations in my defense since the account is so old?
If the debt is past the statute of limitations in your state, then the debt collector can still sue, but they won't have a strong case. And if you bring up the expired statute of limitations in your Answer to the Summons, you will most likely win the case.
Check your state's statute of limitations on debt here: www.solosuit.com/posts/statute-limitations-debt-by-state
What if the name on the summons and complaint is wrong from your legal name?
Hi Gustavo, because of regulations, we can't give legal advice on specific cases. Generally if the wrong person is being sued, then the lawsuit could fail; if the name is just spelled wrong, then that may be just a technicality.
I live in Los Angeles and what if my summons doesn't have a court date stamped?
In the state of California, those who have been sued for debt must respond to the complaint within 30 days or they lost by default. If you have more questions, you can check out our website (www.solosuit.com) or send us a message at support@solosuit.com
You broke it down so easy to understand. I feel a little better now. I just received my summons. I take full responsibility for the debt. Only reason i ignored it is because the pandemic took a toll on me and i couldn't pay them back. Just to be clear, i should respond to the paragraphs on the page that says "supplement to complaint"? Can i write on that paper with my answers? Or is there a full template i could use?
Also I live in hawaii. Thinking of asking you guys for help with sending my answers. One other thing, I am thinking of filing for bankruptcy, should I still send my answers in?
Due to federal regulations, we cannot give you legal advice.
However, many people in your situation will use SoloSuit's Debt Answer template (www.solosuit.com/debt_answer) to respond to a debt lawsuit. We can help you file the Answer with the court and serve the plaintiff.
Generally, it's good to file an Answer into such a case, even if bankruptcy is planned.
I never received a summons directly. Lawyers have reached out to me via mail regarding my case? Does it officially count if you were never served?
Rules about service change from state-to-state. If a consumer isn't sure if they're being sued, they can call their court and give their name and ask if there are any cases against them. It's not a great way, but usually this is the only way to see if there is a case against you.
GREAT VIDEO! ,. I subbed. But what if you actually do owe the debt but don't have the money top pay at that moment and the the creditor is asking the court for a judgment for the full balance + fees?? Is there any way to still make an agreement with them before the judgment to try to pay it off with payment plan or something ? BTW I'm in Michigan ..Thanks
Same question I have
Generally, that's a situation you can totally win. Even if the defendant believes they owe the debt, they should still file an Answer. Filing an Answer increases the difficulty of collection and makes it more likely the plaintiff will settle. Settlement is better than garnishment. Filing an Answer is step one to protect your rights.
Hi. Same here from Michigan. Just received a summons yesterday. I do owe the debt but I don’t believe the amount the lawyer states I owe is correct. Will I have a affirmative defense if so, how do I work it? Thanks in advance.
I meant how do I “word” the affirmative defense ? Also, is it ok to say yes to most questions but one or two “I don’t know”?
If I wanted to settle the debt after I have been served, do I still need to file a answer? Thank you for your content! Keep up the good work.
Generally, yes, a defendant needs to file an Answer to give them the best chance of settling the case. Once the defendant files an Answer, their leverage increases a lot, giving them more power to settle for a smaller amount. This is because responding to the lawsuit shows the defendant is competent and can and will fight the case. If they don't file an Answer, then the collector has nearly no reason to settle . . . because the defendant is about to lose the case on default.
@@solosuit Thank you for your reply. This make good sense. I think I'm going to use your website. I'm in California, does it matter ?
Thanks for this response! I was just served for debt collections. I found your service very helpful. Unfortunately it will cost me $71 in Nv to file a response. Hopefully the attorney will just settle for less than the full amount. I've been paying off all debt but didn't beat this one to the punch.
I was served at my door today 5/16,I live in Nv..Original payday loan amount was $400 ..Deputy Clerk signed 4/30 on paperwork..I only have 3 days to respond retroactively? I have 20 days to respond it says. Original paperwork was sent to P.O. Box that I no longer have.