Summons response

[Pqitty]

What is the name of your state?What is the name of your state? Rhode Island

I received a court summons for a unpaid cc debt. It says I must respond in writing to this within 20 days to the court and the cc company's lawyer. What should this response consist of? What info should I include? Is there anything I should steer clear of mentioning?
Any advice would be greatly appreciated, I don't know any lawyers and I sure can't afford one!

 

[krispenstpeter]

And how in the hell do you expect a response when no one here knows what the summons contains?

 

[I AM ALWAYS LIABLE]

What is the name of your state?What is the name of your state? Rhode Island

I received a court summons for a unpaid cc debt. It says I must respond in writing to this within 20 days to the court and the cc company's lawyer. What should this response consist of? What info should I include? Is there anything I should steer clear of mentioning?
Any advice would be greatly appreciated, I don't know any lawyers and I sure can't afford one!

My response:

Your questions are asking "How do I do this?" or "What do I do?" Basically, you're asking for "lessons" in law and step-by-step instuctions. We don't put people through law school, and we don't conduct litigation from this site, nor do we "represent" anyone from this site.

You need to consult with a local attorney.

IAAL

 

[ozark db]

Amazing how you can distinguish between someone seeking "free legal advice" which is the purported purpose of this forum and someone seeking free legal "lessons".

Many people here will help you if you clarify some details pertaining to how old the debt is, when you last paid the original creditor, and whether or not RI is the only place you have resided since you have had the credit card.

Some people will try to make themselves... well... no comment (for now)..

 

[AttorneyOney]

Reply to the original poster

Along with the summons, you should also have gotten a copy of a document called a complaint, and you may have received some other papers as well. The complaint sets forth the facts of the creditor's case and requests legal relief. The name of the "response" you have 20 days to make depends on Rhode Island practice. In Massachusetts, the choice would be between an "answer" to the complaint or a motion to dismiss for any of several reasons.

I earnestly recommend that you take these papers to a litigation attorney. You may have claims under state or federal debt collection laws that would offset the creditor's claim to some extent and that would provide a hook for attorney's fees. Such claims would ordinarily be asserted as counterclaims in your answer. Even if you don't have a fair debt collection claim, you're unlikely to get a good result without an attorney unless you're the victim of identity theft and can easily prove it. Many attorneys will give you an initial consultation for little or no cost, following which you can decide whether you'll save money in the long run by hiring them.

One easy way to find a lawyer is the referral service operated by the Rhode Island Bar Association, 401-421-7799. According to the web page (http://www.ribar.com/public/choose.asp), the first half hour of consultation would cost you $25. That is really a bargain.

 

[Pqitty]

Thank You

I very much appreciate your answer, Mr. Oney. The information you provided was all I was soliciting. I simply needed to know if this was something I could do myself with a little advice or, as you've indicated, it would be mandatory for me to consult a lawyer. My thanks.
I deeply resent the implications of the other members that I am somehow trying to get away with something. I am neither in law school (1993 BFA- Illustration from RISD) nor am I trying to trick anyone into giving me "lessons". I just wanted a little advice, never having been served with a summons of any kind. I am fortunate that there was one gentleman among you.

 

[body odor]

I very much appreciate your answer, Mr. Oney. The information you provided was all I was soliciting. I simply needed to know if this was something I could do myself with a little advice or, as you've indicated, it would be mandatory for me to consult a lawyer. My thanks.
I deeply resent the implications of the other members that I am somehow trying to get away with something. I am neither in law school (1993 BFA- Illustration from RISD) nor am I trying to trick anyone into giving me "lessons". I just wanted a little advice, never having been served with a summons of any kind. I am fortunate that there was one gentleman among you.

Only one? I'll just go over there.. with this chair.. and this ash tray.... and this paddle ball game.... thats all I need!