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Responding to a Court Summons for CC Debt


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#1 km5601

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Posted 22 January 2013 - 06:16 PM

I was recently served a court summons for credit card debt that I owe. Back in January 2012, I rcvd. an initial letter from the debt collector. I responded to the collector and set up a payment plan. A letter of the payment plan was sent by the end of January. Then in August of 2012, I was sent a letter of repayment plan, showing my monthly payments to be $100 less. I missed one payment in November and recvd a court summons on January 21, 2013. The initial court papers were filed December 19, 2012. On the summons it states that the Plaintiff sent a letter of demand at least 30 days prior to filing the suit. I have only rcvd three documents from the debt collector. The initial cllection letter, which I responded to and two payment letters stating the amount to pay. I have never rcvd a demand letter. How should I respond to this summons?

#2 adjusterjack

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Posted 22 January 2013 - 09:20 PM

Beats me.

Some state court rules require a demand prior to suit others don't.

And you haven't seen fit to reveal your state or whether you are in small claims or regular civil court.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 km5601

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Posted 23 January 2013 - 07:42 AM

Sorry, I live in Oregon and it's over $7500, so it's a civil suit.

#4 pg1067

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Posted 23 January 2013 - 07:44 AM

How should I respond to this summons?


You don't respond to the summons; you respond to the complaint that was served with the summons. And, without knowing your state or having the ability to read the complaint, we can't begin to know how you ought to respond.

#5 Guest_FindLaw_Amir_*

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Posted 23 January 2013 - 08:06 AM

Sounds like you have a lot of questions on this topic. You may want to consider signing up for LegalStreet. You can ask all of your questions to a local Oregon lawyer for less than $13 per month and also get discounted legal representation if you need.




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