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  #1  
Old 07-22-2003, 12:13 AM
cloverleaf
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received summons with no cout date on it.


What is the name of your state? ok
i got a summons with no court date on it Should i worry about it.What should i do.
  #2  
Old 07-22-2003, 07:40 AM
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Is there anything on it such as a case #, court stamp, or anything that does look real ?

Call the courthouse and ask if a lawsuit has been filed. That will tell you whether or not the Summons is real.

Does this paperwork tell you to file an Answer within xx days ?
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"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #3  
Old 07-22-2003, 10:56 PM
cloverleaf
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summons


There is a case no. and a ink stamp on it. I have 35 days to contact the plainiffs attorney.I went to the court house today to see why there wasn't a court date on it. She said that it was filed with them and that i need to contact the attorney to set up a payment plan.And if I dont contact them in this set of time they will granish money. But My husband draws VA benefits and gets Social Security and his dependents get SSI. witch Iam a dependent. I asked for a paper that is for notice of garnishment and exemption.On it states that SS and SSI and Veterans benefits are exempt.I dont work.Should I contact them or not.
  #4  
Old 07-23-2003, 07:14 AM
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I wouldn't do anything except to respond ONLY with your Answer to the Complaint as instructed - provided those instructions exist.

You have no income, your husband's income is 100% exempt.
Exemptions should protect all your personal property. Your home is 100% exempt too, to unlimited equity value.

There's NOTHING these scumbags can take from you unless there's other property or cash or valuable vehicles. The worst they could do is place a lien on your property. Its possible they could levy the bank account, but, again, if the source of the money in the account is exempt, they can't take any of it. I would take a letter to your bank, stating that the funds are from exempt sources (VA and SSI), just to be on the safe side. You should have adequate proof of that.

I will post a few links to sites that can help you do your Answer to the Complaint.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #5  
Old 07-23-2003, 09:24 AM
cloverleaf
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summons


Iam the one being sued not my husband.Our house is built on leased land. The land is in my mother-n-laws name.We have no deed or mortage on it.The only thing that we pay is the property taxes on the house and thats in my husbands name.As far as the vehicles we have old ford truck.The other car is in my daugthers name.Ill responed to the suit.but I dont see what they can take and Ill take a letter to the bank.
  #6  
Old 07-23-2003, 09:34 AM
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Ok.. I'd forgotten the leased land piece.

I don't see as there's anything they can take from you... no income, no non-exempt assets, etc.

Here's what you need to do your Answer:

[url]http://www.legalhelp.org/affirmative_diffense.htm[/url]
[url]http://www.legalhelp.org/answering_complaint.htm[/url]
[url]http://www.nwjustice.org/docs/205.html[/url]
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #7  
Old 07-23-2003, 07:53 PM
cloverleaf
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summons


Should I send a letter to them stating that I have no assest.Or ask for a validation letter first.All of this is so confusing.
  #8  
Old 07-24-2003, 07:36 AM
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How old is the debt they're suing you for, when did you last pay the original creditor ??

Sending a letter stating 'no assets' won't help a whole lot at this stage. You can certainly send a separate validation letter, it can't hurt. Send it certified, RRR. Right now you need to answer the complaint within the time limit given. Make sure you DENY as much as possible - the amount, dates, anything. If you aren't sure of something, put down 'insufficent knowledge', its perfectly acceptable.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #9  
Old 07-24-2003, 02:42 PM
cloverleaf
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summons


I haven't payed on the dedt for at a year year and half maybe close to 2 years.If i admit to the statement is true and then put my husband is disabled and get ss and va.That wouldn't work.
  #10  
Old 07-24-2003, 04:07 PM
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If you admit the debt and agree with the allegations in their Complaint, you're going to end up with a default judgment against you. The fact that your husband's income is from exempt sources is not relevant - yet - to their complaint.

It truly doesn't sound as if there's anything they can take from you, so even if they win a judgment, they'll have nothing but a piece of paper. From what you've posted here, with no assets and not even your home or property in your name, even a lien won't be an option for them.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #11  
Old 07-24-2003, 04:15 PM
cloverleaf
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summons


So i would put I deny the statement,insufficent knowledge.
  #12  
Old 07-25-2003, 08:15 AM
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What, exactly, is the question/allegation ?
If you'd like, you can email me.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #13  
Old 07-27-2003, 09:18 PM
cloverleaf
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summons


Finaly figured out what to put on for the answer. Ill mail it off monday. Now Ill just have to what for the repley.Thanks for your help. Iam sure Ill be back.
  #14  
Old 07-27-2003, 09:21 PM
cloverleaf
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summons


The letter that ill give to the bank stating that the social security and va is exempt. Do i write the letter out or is there a form i have to fill out?
  #15  
Old 07-28-2003, 07:30 AM
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Just a letter will do stating the source of the funds in the account(s).
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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