Summons to be sued

[aksb99]

What is the name of your state? NJ

Back in 2002 my husband and I moved to Florida and after 9 months of living there, were unable to pay our bills and moved back to NJ (2003) to live w/my parents. Since moving back to NJ, the job situtation has been tough for both of us and I only work part-time and am raising 2 kids. A few weeks ago, I received a summons in the mail that Bank of America is looking to sue me in civil court for an unpaid balance, court fees, interest & lawyer fees. The original creditor was Fleet Bank and the last payment they received from me was early 2003. Do I need to hire a lawyer and go to court or is there something else I can do. I don't have the money to pay or filing for bankrupcty. We are going to try to start a new life in North Carolina and I'll be leaving NJ the beginning of July. If a lawsuit is started in NJ, will it follow me to NC?

 

[TigerD]

What is the name of your state? NJ

Back in 2002 my husband and I moved to Florida and after 9 months of living there, were unable to pay our bills and moved back to NJ (2003) to live w/my parents. Since moving back to NJ, the job situtation has been tough for both of us and I only work part-time and am raising 2 kids. A few weeks ago, I received a summons in the mail that Bank of America is looking to sue me in civil court for an unpaid balance, court fees, interest & lawyer fees. The original creditor was Fleet Bank and the last payment they received from me was early 2003. Do I need to hire a lawyer and go to court or is there something else I can do. I don't have the money to pay or filing for bankrupcty. We are going to try to start a new life in North Carolina and I'll be leaving NJ the beginning of July. If a lawsuit is started in NJ, will it follow me to NC?

1. They aren't looking to sue you -- they are suing you.
2. If you choose to leave the state insead of appearing in court, you will lose the lawsuit and the judgment will follow you to NC.

DC

 

[aksb99]

I chose to leave the state before I received the summons. Am I able to request that the lawyer validate the debt or is it to late for it?

 

[TigerD]

I chose to leave the state before I received the summons. Am I able to request that the lawyer validate the debt or is it to late for it?

It is too late for that.

I hope you realize that you are creating a far more difficult and expensive situation for yourself. After they get the judgment, they will slap liens on all your property and look to attach bank accounts and set up garnishments (if your state allows it). You can't move to start a new life with this kind of thing hanging over your head.

DC

 

[Ladynred]

NC doesn't allow wage garnishments. If they get the judgment in NJ, they would have to move it to NC to be enforceable.

You might want to consider offering a settlement rather than having to worry about when the attacks on your bank accounts will happen.

 

[aksb99]

Ladynred,

Thanks for your input, I really appreciate it. I would offer a settlement, but at this point I have no savings & no assests. I can't even afford a bankruptcy. Does NJ allow wage garnishment?

 

[Ladynred]

Unfortunately - yes.