Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Banking & Credit Cards

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 08-18-2003, 06:08 PM
Member
 
Join Date: Aug 2003
Posts: 47
Unhappy

Court Summons


If I recieved a court summons filed by a credit card company...

Two things, if I do not show up, what would a judge possibly render against me? The second thing is I ask to be declared bankrupt during the hearing, woud that settle the situation and can a judge grant it.
  #2  
Old 08-18-2003, 06:18 PM
Senior Member
 
Join Date: May 2001
Posts: 6,455
If you're a noshow, the judge will grant a default judgment and the creditor can then do whatever your state allows. They can garnish wages {if allowed} attach bank accounts, etc.
You just don't ask a judge to declare you bankrupt. You must file a bk petition. BK is a Federal matter and a state judge that will be hearing this lawsuit won't have the authority.
What state are you in and when did you last pay the orginal creditor?
  #3  
Old 08-18-2003, 08:09 PM
Member
 
Join Date: Aug 2003
Posts: 47

Court Summons


PA, last payment 2001
  #4  
Old 08-18-2003, 08:12 PM
Senior Member
 
Join Date: May 2001
Posts: 6,455
OK, the statute of limitations in Pa. is 4 years so that's no option.
Have you been sued or is a collection agency threatening? Have you demanded validation?
One other thing, wages can't be garnished in Pa.
  #5  
Old 08-18-2003, 08:16 PM
Member
 
Join Date: Aug 2003
Posts: 47

court summons


The paper says "Civil Action Hearing Notice", "Civil Complaint"

To be heard infront of "District Justice"(local judge of my town)
  #6  
Old 08-18-2003, 08:26 PM
Senior Member
 
Join Date: May 2001
Posts: 6,455
Convoy,
You really need to get in the ballgame here.
That "paper" is a lawsuit. It should give a date by which you must respond.
If BK is an option, you need to get to a lawyer ASAP.
If you're going to try and fight it or, settle you'll surely need to respond with a general denial/lack of knowledge to the summons and at the same time, demand validation from the lawyer. They are supposed to stay the lawsuit until they validate. Here's a sample validation letter. Send it CRRR.

[url]http://www.creditinfocenter.com/forms/sampleletter9.shtml[/url]
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 05:47 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.