Collection summons

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sls607

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I got a summons via certified mail for a credit card collection. I thought the bill was charged off by GE bank (Walmart) The last time I heard from anyone was about 6-8 months ago and they were going to send me papers to fill out for hardship. I lost my job 3 years ago and am now working making half of what I did before. It is within the sol time but I just can afford to pay it and don't want the little bit of money I make ($7.70 an hour, working 16 -24 hours a week) to be garnished or a lien put on my home. I guess my main question is, how do I answer the summons? I have 28 days from the 17th of October. The amount they are asking for is $3500, and the company is LVNV. I hear they're pretty shady. There is no court date just that I'm to answer. I can't afford a lawyer so I'm doing this on my own. Someone please help!
 
You don't have much of an answer. You owe the money. They can only garnish 25% of your pay I think, and you can fight that. I know that isn't what you want to hear but your option is to file bankruptcy.
 
I understand that but shouldn't I still answer the summons? I read somewhere that the judge may set me up with a payment plan . I really just wanted to know how to answer the summons, though I do appreciate your answer. Its something I'm considering.
 
I would always advise someone to answer the summons. You can even say you don't think you owe the debt if you want and see if they show up. I have never heard of a Judge setting up a payment plan. His/her job is to determine if you owe the debt or not and not to facilitate payment plans. Garnishment is limited so that you are not left destitute. Good luck.
 
The company that is suing me just sent me a letter today trying to get me to make some sort of settlement before my 28 days are done. There is no court date, just a summons. Should I call them or answer my summons and wait on the judge?
 
If you make any agreement to pay then they can hold you to it.
If it were me, I would be in touch with the court directly to ascertain if the summons is legitimate. It is possible they are sending you documents to scare you into paying up.
There should be a court date, court number or department number, and some sort of case or docket number on the summons. If this information is missing then something is fishy. If the information is there then the court can verify what is going on.
 
I did call the court and its real. There is a case number but no court date. thanks for your help. Thats what I thought to do.
 
Is there a certain form I need to answer my summons or do I just write down my answer and mail them out to the court and the plaintiff?
 
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