Received Summons for entering a Judgement

[horndog]

We were sent a summons regarding a personal loan that we neglected to pay. We did contact the creditor to tell them this because my husband lost his job.

Attached to the summons is a copy of the original signed agreement.

I have a few questions:

I would like to respond and ultimately get a settlement from them, how do I answer back, just send a letter to the attorney.

I would also like to know based on their amounts that they say we owe, were did they come up with these figures?

Should I ask for proof of payments made to the account?

Who is this attorney? How come I never heard from the creditor of any kind of warning or no letter from them? Doesn't this violate FDCPA?

Just curious

I am in OH.

 

[seniorjudge]

We were sent a summons regarding a personal loan that we neglected to pay.

Yes, that usually happens in cases of default.

We did contact the creditor to tell them this because my husband lost his job.

Irrelevant. You still owe the money.

Attached to the summons is a copy of the original signed agreement.

That's good; helpful even.

I would like to respond and ultimately get a settlement from them, how do I answer back, just send a letter to the attorney.

Write the lawyer. Do not call them. Do everything in writing. Say, "I have $x ready to send you. Will you settle for that?" (Don't offer payments; they already have a promise to pay payments from you that you didn't follow.)

I would also like to know based on their amounts that they say we owe, were did they come up with these figures?

Ask the lawyer.

Should I ask for proof of payments made to the account?

Yes; that question has been asked and answered several thousands of times just on this forum alone. Do a little searching and find the right way to do this.

Who is this attorney?

I wouldn't have the slightest idea.

How come I never heard from the creditor of any kind of warning or no letter from them?

You got monthly bills and then nasty letters when you stopped paying.

Doesn't this violate FDCPA?

No, it's legal for people to want the money back you borrowed.

 

[horndog]

Thanks,

I am suppose to send the response to the lawyer and the court as stated in the summons correct?

We don't have any money to settle? Let it go default?

The lawyer/collection agency just called. I told them we received the summons, and we will respond occordingly.

We did not receive any letter from the law firm/collection agency regarding this, isn't this violation of FDCPA?

 

[seniorjudge]

Q: I am suppose to send the response to the lawyer and the court as stated in the summons correct?

A: Yes.


Q: We don't have any money to settle?

A: Previously answered.


Q: Let it go default?

A: Your choice.


Q: We did not receive any letter from the law firm/collection agency regarding this, isn't this violation of FDCPA?

A: Previously answered.