got a summons

[kimommy]

What is the name of your state? KY Last November I recieved a phone call from a "lawyers office" I don't know if they really were. They said I owed a debt to a credit collections agency. I told them I didn't know what they were talking about and to prove it. Now this might be mine, I don't remember. It is from 4-5 years ago. All they could say is that my social security number was on it. It might be mine, and might not. If they could show what was bought with it then I would know. Now I got a summons and they are taking me to court. What should I do?

[Debt Guy]

You must respond to the summons. If you don't, then the creditor will obtain a default judgment and could garnish your wages and empty your bank account.

You can hire an attorney to defend you. Or you can represent yourself.

If you represent yourself, then you must put in the time and effort to learn how. Here are a couple of websites to check out:

[url]http://debt-consolidation-credit-repair-service.com[/url] and [url]www.artofcredit.com[/url]

You said you wanted the creditor to prove you owed the debt. This lawsuit is where you can make that happen. But, you must do it through the discovery process. The burden of proof is on the plantiff but the burden of demanding the proof is on you. You can't just write a letter or make a phone call or tell the judge. You must draft and file the discovery motions with the court clerk.

What a lot of people don't understand is that the judge is not there to look out for you. The judge is there is there to make a decision about all the evidence put before him (or her). If you don't put the evidence (or the plantiff's lack thereof) before the judge, it can't be considered. You must follow the local rules of the particular court.

Another alternative would be to contact the creditor and try to make a deal.