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My roommate rcvd a summons today from bank of america about

a credit card debt. She had...
My roommate rcvd a summons today from bank of america about a credit card debt.
She had talked to them in the summer about the debt and set up a payment plan to which she has adhered. Her court date is Dec. 3. She is confused and does not know how to respond. Your advice please.

John
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Answered in 1 minute by:
11/8/2013
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 17,488
Experience: Licensed Texas General Practice Attorney
Verified

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I'm sorry to hear about your roommate's situation. Does this summons indicate that she needs to file an "answer" or "response" by this date, or appear at a certain courthouse on that date?

Customer:

appear in court

ScottyMacEsq :

A summons is in regards XXXXX XXXXX lawsuit that has been filed by the bank. This has most likely been filed through a law firm, meaning that contacting the bank would probably be useless. Rather, the law firm would be representing the bank. If she does not have that information, she should be able to determine it through the clerk of the court where this is filed.

ScottyMacEsq :

She can contact the clerk, ask them about this case, and see if they have that contact information for the petitioner / plaintiff.

ScottyMacEsq :

(again, if there is a firm handling it, which is almost certainly the case, they should have that information).

ScottyMacEsq :

After she gets that information, she should contact the firm to speak with them about their clients not abiding by agreement that they entered into with her, and that she's going to file a counterclaim and seek "sanctions" against them and their client for this abuse of process.

Customer:

ok but why the court date when she already set up payment process to take care of the debt.

ScottyMacEsq :

(that's a bunch of legal jargon to say that they backed out on their agreement and that at this point in time it wouldn't be right to sue)

ScottyMacEsq :

As for the court date, she should ABSOLUTELY go.

ScottyMacEsq :

The reason is that if she does not without the law firm dropping the case, etc... then there could be a default judgment entered against her.

ScottyMacEsq :

She could soon find her paycheck garnished without her knowledge. But if she goes, she can show the judge that there has been an agreement and that she has been paying toward it.

Customer:

thank you.

ScottyMacEsq :

Without them being able to show that she breached the agreement, the judge should throw out the case.

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 17,488
Experience: Licensed Texas General Practice Attorney
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