Served with a civil summons in kentucky help

[ttwarrior1]

What is the name of your state? Kentucky

okay im going to post all this in one post now that i have my info with me.

Erin Capital management vs me

The commonwealth of kentucky to the above named defendants
You are hereby notified that a legal action has been filed against you in this court demanding relief as shown on the document delivered to you with summons. Unless a written defense is made by you or by an attorney on your behalf and filed in the clerks office within 20 days following the day this paper is delivered to you, judgement may be taken against you for the relief demanded in the attached complaint. 9/12/2005

Next page says erin capital assignee of direct merchants vs me

complaint
1 Defendant entered into a contract for the extension of credit referred to as mastercard. Throughout the term of said contract, Defendant was provided with monthtly statements as to the amounts due and owing under thke terms and conditions of said contract.
2. Defendant is in breach of the terms and conditions of said contract and plaintiff has exercised its right to accelerate the time for payment of thke entire balance due and owing by the defendant.
3. The defendant owes the plaintiff the sum of 4,587.39
Documentation evidencing the obligation are attached hereto,
4 Although due demand has been made, the defendant has failed to liquidate the balance due and owing.
Wherefore, the plaintiff prays for judgement against the defendant in thke amount of 4,587.39 with interest at the rate of 12 percent annum from date of judgement, and costs of the within action.

Then signed by attorney for javitch, block,rathbone of cincinnatti

Next page is affidavit . has his name , and then , being first duly sworn , deposes and says that he is assistant secretary for erin capital management.
2. That he is familiar with the account if favor of erin capital and owed by me.

Then stamped by a notary public

My account says transferred /account charged off , charge off as of sept 2002, 4,587
date opened 5/2001 , and last reported 10/2002

Okay i live at home with my mom, take care of my sick sister and i dont have a dime to my name . I own nothing. . The Sol in kentucky is 5 years so i cant use that defense. I cant remember if i ever made a payment since i used this card i believe to pay for other cards. Even if i did make a payment, so long ago i cant remember it would still not be 5 years. I think.


i did receive a letter from them in may and i ignored it. said i have 30 days to dispute it or the debt will be assumed. I knew i owed it so i never answered back or answer the calls. The call every morning and wake me up at 8 15 central time . I did mail them last week saying i have no money and own nothing .

. They did do this to me exactly a year ago with another card i owed 5 thousand on. I settled with them for 4 thousand . It was my last dime so i can see why they are trying again with this card.

I owe 4 thousand on another providian card but never received a call from them or in the mail so who knows if i get the money if they will go after me with that one too. . it was opened in 99, written off , 3,918 as of june 2003, type revolving.
Sorry for the long message but it should answer everything if you need to know something.
I dont have a job because i got laid off, then my sister got sick. All money is gone and i cant get a job unless i say okay screw you sister i cant stay at home . I can't do that . I will not file for bankrupcty either. If it cost ten bucks to file i cant even afford that. I have exactly 2. 50 cents to my name.

Im going ot file in the next 3 days i guess since it says if i dont its default. I have no defense though so not sure if it matters. I dont want to go to court also

[Amyoung4]

I really dont have advice as I've been seeking it myself. It is just wierd because Javitch is who a re fileing against me and the wording is almost identical. I have 28 days to respond and I dont know what to do. Same situation as you- no money and theykept wanting a chunk down beore they'll resumemy pmts. I jst wonder if they take it "all the way" im sure they probably so. Good luck to you

[ttwarrior1]

are you gonna file and just say you owe. I think i might just do this. I have no money to pay and own nothing so they cant do anything for now anyway. If i win the lottery ill pay for yours and mine both

[debtcollector`]

Originally Posted by kharvey111

Okay i live at home with my mom, take care of my sick sister and i dont have a dime to my name . I own nothing.

Doesn't matter.

Originally Posted by kharvey111

i did receive a letter from them in may and i ignored it. said i have 30 days to dispute it or the debt will be assumed. I knew i owed it so i never answered back or answer the calls. The call every morning and wake me up at 8 15 central time .

Probably shouldn't have ignored them.

Originally Posted by kharvey111

They did do this to me exactly a year ago with another card i owed 5 thousand on. I settled with them for 4 thousand . It was my last dime so i can see why they are trying again with this card.

Or possibly they are following the collection procedures because you didn't pay your bill.

Originally Posted by kharvey111

I owe 4 thousand on another providian card but never received a call from them or in the mail so who knows if i get the money if they will go after me with that one too. . it was opened in 99, written off , 3,918 as of june 2003, type revolving.

Probably not, but possible.

Originally Posted by kharvey111

I dont have a job because i got laid off, then my sister got sick. All money is gone and i cant get a job unless i say okay screw you sister i cant stay at home . I can't do that . I will not file for bankrupcty either. If it cost ten bucks to file i cant even afford that. I have exactly 2. 50 cents to my name.

So you have made you decision to go bad on your debts. Your choice, a bad one in my opinion, but you can't expect the people you owe to simply accept that you are never going to pay them.

Originally Posted by kharvey111

Im going ot file in the next 3 days i guess since it says if i dont its default. I have no defense though so not sure if it matters. I dont want to go to court also

Then don't go. You aren't doing anything else you are supposed to. Why start now?

DC

[ttwarrior1]

i bet you come on here to look for people to sue i bet. So you want me to tell tell my sister and grandma that i can no longer take care of them? Id pay it if i could.
Only a moron would let someone die and pay a bill instead

[ttwarrior1]

bump

[Amyoung4]

QUOTE "are you gonna file and just say you owe. I think i might just do this. I have no money to pay and own nothing so they cant do anything for now anyway. If i win the lottery ill pay for yours and mine both"
09-26-2005 03:25 PM

Yes, I am going to respond to them and the court. Im going to request they give me proof- not admit or deny. I've tried and tried to make pmts but they want a lump sum and I dont have it. The sad thing is they bought this acount for next to nothing and Ive paid 1400 so they're probably ahead anyways!! 2500+ of interest hasnt cost them a dime, it's sick they can get away with that. The lottery thing sounds good to me!

[ttwarrior1]

i thought i posted an update , but i settled the 4,700 for 3 thousand today