Summons, but no court date?

[HifiDavid]

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 Do I simply state that a settlement has been made and the complaint is no longer valid?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.

Thanks!

 

[TigerD]

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 Do I simply state that a settlement has been made and the complaint is no longer valid?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.

Thanks!

No confession of judgment = equals no settlement. They'll go to court and hose you.

DC

 

[aant]

I have a question about this. DC you say "no confession of judgment equals no settlement." What does it mean when the person signs that default judgment is settled? That sounds very different from a 2-party negotiated payment plan. I thought default judgment occurred upon the defendant's failure to appear. If the payment is settled out of court, why is there any interaction related to a court proceeding such as a default judgment? In other words why does anyone need then to present at court if the thing is agreed to in writing outside it in advance of? I see that it's a judgment, I don't see how it's a default judgment.

 

[TigerD]

I have a question about this. DC you say "no confession of judgment equals no settlement." What does it mean when the person signs that default judgment is settled? That sounds very different from a 2-party negotiated payment plan. I thought default judgment occurred upon the defendant's failure to appear. If the payment is settled out of court, why is there any interaction related to a court proceeding such as a default judgment? In other words why does anyone need then to present at court if the thing is agreed to in writing outside it in advance of? I see that it's a judgment, I don't see how it's a default judgment.

What they offered the OP in exchange for the payment plan was a confession or stipulation of judgment. That grants the creditor the judgment without going to court and protects them from having to refile. If the OP doesn't voluntarily sign the judgment, the creditor will show up at court and win the judgment.

They don't have to take payment plans. The big difference is that the debtor may escape having the judgment on his credit report by stipulating and following the terms of the agreement to the letter.

DC

 

[TigerD]

Kan if you insist on posting -- at least start reading the OPs posting.

THEY HAVE ALREADY BEEN SERVED!

 

[Kanman]

I do not take orders from debt collectors.

I assumed they wanted him to sign the document and the CA will drop the case. It does not make sense otherwise. Why would anyone sign away their rights and proceed with a trial?

Debtcollector, it appears you are really confused and again giving out bad advice...

No confession of judgment = equals no settlement. They'll go to court and hose you.

Again, if they are proceeding with a trial, do not sign that agreement.

 

[TigerD]

I do not take orders from debt collectors.

I assumed they wanted him to sign the document and the CA will drop the case. It does not make sense otherwise. Why would anyone sign away their rights and proceed with a trial?

Debtcollector, it appears you are really confused and again giving out bad advice...


Again, if they are proceeding with a trial, do not sign that agreement.

OP -- Do what Kanman says and pay the price. Just be sure you post back what happened when you do, So everybody will know how he screwed you

DC

 

[HifiDavid]

To clarify

Thanks for the debate. Some points though. First, the "summons" states it only wants a response to the complaint. It is not a summons to court.
Second, the summons states a default judgment would be risked if NO response is made, hence I do need to respond to the complaint.
Third, in the complaint it states what is owed, to who, that there has been no communication, and that no payment has been made. If I make a payment, and show proof (their letters and mine with a payment) that communication and payment have been made, (and note that in my response to the summons/complaint) would that derail them from trying to file again to bring it up in court later.
Finally, to sign a form of any kind which offers a judgment as a settlement does not make sense. I thought a settlement was so it doesn't go through the court?

 

[Kanman]

Thanks for the debate. Some points though.

It appears my post was deleted, probably because I did not sight my source. The jest of it was you can still get a lawyer and fight the Confession of Judgments, so search for the answer if interested or ask a legal professional.

First, the "summons" states it only wants a response to the complaint. It is not a summons to court.
Second, the summons states a default judgment would be risked if NO response is made, hence I do need to respond to the complaint.

Well that makes sense then and as I figured. You do need to respond to that summons. Ask the court clerk or a legal professional for advice in how to do so. It is very important to do so immediately. They usually tell you how many days you have to respond. Failure to do so, can mean an automatic judgment against you.

Third, in the complaint it states what is owed, to who, that there has been no communication, and that no payment has been made. If I make a payment, and show proof (their letters and mine with a payment) that communication and payment have been made, (and note that in my response to the summons/complaint) would that derail them from trying to file again to bring it up in court later.

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.

Finally, to sign a form of any kind which offers a judgment as a settlement does not make sense. I thought a settlement was so it doesn't go through the court?

They are probably hoping you are stupid and will sign anything, thus covering them them by your full admission to the debt...in writing. Don't sign anything without asking a lawyer first. That is my advice. naca.net

 

[HifiDavid]

Making Payments vs. Going to Trial/Court

Quote:

"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?

 

[TigerD]

Thanks for the debate. Some points though. First, the "summons" states it only wants a response to the complaint. It is not a summons to court.
Second, the summons states a default judgment would be risked if NO response is made, hence I do need to respond to the complaint.

Yes you do. You said you had 20 days to file you answer with the court. There are many posts in this forum on how to do that so instead of repeating it here, just search for it. Ladynred in particular has given some good answers to that question.

Third, in the complaint it states what is owed, to who, that there has been no communication, and that no payment has been made. If I make a payment, and show proof (their letters and mine with a payment) that communication and payment have been made, (and note that in my response to the summons/complaint) would that derail them from trying to file again to bring it up in court later.

No, if you make a payment after the case has been filed, the amount will simply be subtracted from he balance due -- but you need to make you you mention it.

Finally, to sign a form of any kind which offers a judgment as a settlement does not make sense. I thought a settlement was so it doesn't go through the court?

At this point in the game, the only way you are going to get a payment plan from them is by signing their form and accepting a judgment. You want something from them and they want something from you. You can always say no and go to court. But remember they are entitled to the balance in full immediately.

DC

 

[TigerD]

Quote:

"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?

No. They have already spent the money. If you do not sign the stipulation of judgment, they will continue with the suit against you.

 

[You Are Guilty]

It appears my post was deleted, probably because I did not sight my source. The jest of it was you can still get a lawyer and fight the Confession of Judgments, so search for the answer if interested or ask a legal professional.

While your ramblings with DC have been quite entertaining, my guess is if your missing post was anything like this one, it was deleted for having the potential to royally screw the OP with its incorrect legal advice. It is quite evident that you have no clue how the court process works, and a good portion of your "advice" may really hurt someone, and specifically, this OP, who appears to have an excellent shot of amenably working this case out without incurring further costs.

Feel free to spout your opinions about debt collectors and the Federal regulations, but my "free advice" is to self-edit a bit as you continue to practice law without a license. (I know I wouldn't want to be defending you from someone who actually took some of your advice.)

OP - to answer your question, if you sign the confession, that is your response to the complaint. If you do not sign it, you need to file an Answer, or a pre-answer motion to dismiss, within 20 days of you receiving the summons. (I'm fairly sure that you can get more information about either process on the internet). As DC noted, odds are good that if you do anything but sign the confession, the settlement offer will either be taken completely off the table, or at least the terms made worse (for you).

 

[Kanman]

While your ramblings with DC have been quite entertaining, my guess is if your missing post was anything like this one, it was deleted for having the potential to royally screw the OP with its incorrect legal advice. It is quite evident that you have no clue how the court process works, and a good portion of your "advice" may really hurt someone, and specifically, this OP, who appears to have an excellent shot of amenably working this case out without incurring further costs.

Feel free to spout your opinions about debt collectors and the Federal regulations, but my "free advice" is to self-edit a bit as you continue to practice law without a license. (I know I wouldn't want to be defending you from someone who actually took some of your advice.)

Well if you had read the original post and the one above, I mentioned several times to seek the opinion of a lawyer. I am not advising anyone to do anything. However, if someone wanted to challenge the Confession of Judgment, that option is out there for them to discuss with a lawyer...free will and all that. I don't see where more options to consider would hurt anyone.

Why take anyones advice for that matter? Like I have stated before, everything in a public forum where animosity covets the authors, should be taken with a grain of salt...and that goes for your advice as well.

Glad you enjoyed my posts though.

 

[You Are Guilty]

Well if you had read the original post and the one above, I mentioned several times to seek the opinion of a lawyer. I am not advising anyone to do anything. However, if someone wanted to challenge the Confession of Judgment, that option is out there for them to discuss with a lawyer...free will and all that. I don't see where more options to consider would hurt anyone.

Why take anyones advice for that matter? Like I have stated before, everything in a public forum where animosity covets the authors, should be taken with a grain of salt...and that goes for your advice as well.

Glad you enjoyed my posts though.

Everyone is entitled to their opinions, (even the ones I might disagree with), but once a lawsuit is filed, all the regular rules go out the window. You have to be extraordinarily careful when answering procedural questions, since every state has a "quirk" or ten which, if not followed precisely, can result in losing an otherwise meritorious case. While I am not a "pro-debtor" cheerleader, I do not like to see people lose lawsuits on technicalities because of their ignorance of the legal process.