Summons, but no court date?
What is the name of your state? Massachusetts.
My wife received a summons requiring a response to a complaint about an old credit card debt. No court date was mentioned, but a 20 day response to the complaint was required to be filed w/ both the court and the collection agency. No response would result in a judgment of default.
I did contact the collection agency as there was not much time to go about the normal validation and settlement mailings with a court deadline looming. We negotiated a settlement with a total amount, to be paid in 5 payments. I received this in writing from the agency.
My question is how to respond to the summons? Do I simply state that a settlement has been made and the complaint is no longer valid?
Also, they want a form signed stating she admits to the default judgment settled. This I will NOT sign, as I am hoping it is just dismissed, and settled outside the court.
Any notes or thoughts would be helpful.
Making Payments vs. Going to Trial/Court
"At this point, assume it is going to trial unless you negotiate with the debt collector. They can sue you even if you make payments, unless you get it in writing from them (which I doubt they will do, but try.) Never take a debt collector's word for truth. If they won't let you have it in writing, then get a lawyer...which you should do anyway."
We are making the payments, as directed by the CA. They have sent a document with the terms, but of course, nothing that will limit them from suing should they want to even if we are making the payments. This I got from your quote. However, all things working and payments being made, would the CA still try and go to trial, even though they are being paid the total amount, and payments are coming in? I would think only when they do NOT get payments would they have the incentive to spend money and get a trial going.
Am I correct in this thinking?