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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I received a court summons from a collection agency long

Customer Question

I received a court summons from a collection agency for a long overdue credit card dept of which we were dumb & never answerd or contacted them we do owe this dept. We can't afford a lawyer . & would like to set up some kind of repayment . How do we procee..."
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.
I hope this message finds you well, present circumstances excluded. At this point, the collection agency has all of the leverage since they have filed suit (resulting in the court summons). For that reason, they will likely be unwilling to settle because they stand to make more money by proceeding to court. That being the case, your efforts at reaching a settlement with them can work - you just need to understand that the leverage is with them right now. Moreover, you documenting your attempts to enter into a payment plan may help you in court as well in garnering the respect of that court and judge. So, I recommend sending a certified letter with a return receipt to the collection agency (documentation that may help you later in court), in which you acknowledge the court summons, but do not admit to the amount owed - that would be an admission that would be bad for you in court. In the letter, tell them that while you are not admitting to any specific amount owed, you are willing to engage in talks to find a suitable payment plan that works for you and their client to which the "alleged" debt is owed. Tell them you are very interested in working something out that is advantageous to both parties. Ask that they respond in writing with their answer within 7 business days of the post mark on the letter. Also, if you have not submitted an answer to the complaint against you, you need to do that also and file it with the court. If you do not, then the collection agency will get a default judgment and they can then attach liens on your property and even garnish your wages. So, there are not a lot of good options, but the certified letter is the best of them. You also need to file an answer to their complaint with the court. That is VERY important. You can find sample answers to debt complaints all over the internet for free to use as a template. It doesn't have to be perfect, but it needs to be something to avoid a default judgment. Let me know if you have any other questions. Please also rate my answer positively. Best wishes going forward!
Expert:  Delta-Lawyer replied 1 year ago.
I hope this message finds you well, present circumstances excluded. At this point, the collection agency has all of the leverage since they have filed suit (resulting in the court summons). For that reason, they will likely be unwilling to settle because they stand to make more money by proceeding to court. That being the case, your efforts at reaching a settlement with them can work - you just need to understand that the leverage is with them right now. Moreover, you documenting your attempts to enter into a payment plan may help you in court as well in garnering the respect of that court and judge. So, I recommend sending a certified letter with a return receipt to the collection agency (documentation that may help you later in court), in which you acknowledge the court summons, but do not admit to the amount owed - that would be an admission that would be bad for you in court. In the letter, tell them that while you are not admitting to any specific amount owed, you are willing to engage in talks to find a suitable payment plan that works for you and their client to which the "alleged" debt is owed. Tell them you are very interested in working something out that is advantageous to both parties. Ask that they respond in writing with their answer within 7 business days of the post mark on the letter. Also, if you have not submitted an answer to the complaint against you, you need to do that also and file it with the court. If you do not, then the collection agency will get a default judgment and they can then attach liens on your property and even garnish your wages. So, there are not a lot of good options, but the certified letter is the best of them. You also need to file an answer to their complaint with the court. That is VERY important. You can find sample answers to debt complaints all over the internet for free to use as a template. It doesn't have to be perfect, but it needs to be something to avoid a default judgment. Let me know if you have any other questions. Please also rate my answer positively. Best wishes going forward!
Expert:  Delta-Lawyer replied 1 year ago.
I hope this message finds you well, present circumstances excluded. At this point, the collection agency has all of the leverage since they have filed suit (resulting in the court summons). For that reason, they will likely be unwilling to settle because they stand to make more money by proceeding to court. That being the case, your efforts at reaching a settlement with them can work - you just need to understand that the leverage is with them right now. Moreover, you documenting your attempts to enter into a payment plan may help you in court as well in garnering the respect of that court and judge. So, I recommend sending a certified letter with a return receipt to the collection agency (documentation that may help you later in court), in which you acknowledge the court summons, but do not admit to the amount owed - that would be an admission that would be bad for you in court. In the letter, tell them that while you are not admitting to any specific amount owed, you are willing to engage in talks to find a suitable payment plan that works for you and their client to which the "alleged" debt is owed. Tell them you are very interested in working something out that is advantageous to both parties. Ask that they respond in writing with their answer within 7 business days of the post mark on the letter. Also, if you have not submitted an answer to the complaint against you, you need to do that also and file it with the court. If you do not, then the collection agency will get a default judgment and they can then attach liens on your property and even garnish your wages. So, there are not a lot of good options, but the certified letter is the best of them. You also need to file an answer to their complaint with the court. That is VERY important. You can find sample answers to debt complaints all over the internet for free to use as a template. It doesn't have to be perfect, but it needs to be something to avoid a default judgment. Let me know if you have any other questions. Please also rate my answer positively. Best wishes going forward!
Customer: replied 1 year ago.

Can you give any example letters. This is from the municible court How do I file a letter with them

Expert:  Delta-Lawyer replied 1 year ago.
I am sorry...the letter would go to the collection agency. The answer to the summons and complaint needs to be filed with the court no later than 30 days after the summons was issued and served on you. A sample letter to the Collection Agency should be short and sweet and read as follows:To Whom It May Concern: My name is ***** *****. Your agency has recently filed suit against me based on the allegation of a debt owed. The case number ***** (hint: you can find this on the summons as the cause number or civil action number or case number). I hope my letter finds you well. Without specifically admitting to any particular debt owed, I write this letter to see if there is a willingness on your behalf to enter into a settlement agreement with me which would include a payment plan. If so, I would be willing to sign a promissory note to pay back an amount that can be determined, plus reasonable interest. I can assure you that I will make the payments timely and wish to put this behind me. Please respond to my offer in writing within 7 business days of the post mark on this certified letter. I have included a self-addressed and stamped envelope for your response. Thank you for your attention to this matte and I look forward to working on a solution with you. Sincerely,***** ***** Let me know if that helps. Also, let me know if you have other questions. Please also rate my answer so that I can receive credit for my work. Thanks!
Expert:  Delta-Lawyer replied 1 year ago.
Dennis, did you have any additional questions or comments? I want to make sure you are as comfortable as possible as you move forward with this issue. Thanks

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