I Received A Summons From A Debtor, What Do I Do? #askadebtcollector #creditcards #court #summons (2023)


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How you guys doing today, as you can tell my Ensemble, is a little different, but just do it uh it's probably backwards.

You probably can't see that, but nevertheless, today I want to talk to you guys about what to do.

If you receive a summons to appear in court court documents from a debt collection agency, that's about to sue you so stay tuned.

My name is Jay and welcome to eyes a debt calendar, a subsidiary of clear and strategic.

Now, I've been in the debt collection industry for over 15 years.

I've done it all management to owning two debt collection companies.

Over the last 10 years, I've been the go-to guy for friends and family for questions regarding debt and credit.

Now I want to be that person for you.

If you have any questions, put them down in the comments section.

I promise I'll answer those questions.

Let's go now, I have to give this disclosure.

Obviously the reality is the laws are different in every single state.

If you do receive a summons to appear in court, one of the first things that I recommend everybody do.

Is you contact an attorney? I am not an attorney.

The information that I'm giving you is for informational purposes.

Only so you're at home and you're served with the summons to appear in court, or maybe it came.

Certified mail came certified mail in your mailbox.

You get the letter right, you open the letter because you don't know what this is and then you notice it is some debt collection agency about to sue you with regards to a debt that you allegedly oh, the first thing that I want you guys to think about at this time, span is, and the first thing that I don't want you to do is to ignore it, ignoring that information that has proven it I don't care if you can't afford to pay it or what the situation is.

Do not ignore it, because if you ignore it, what will happen is you'll get a default judgment? What is the default judgment? Is that what you're asking me I'll tell you guys what a default judgment is is basically a judgment that that that collection agency will get whatever they're saying that they want within that summons, to appear in court when they go to court.

If you do not show up they'll get a default judgment, you don't want that to happen, because whatever they request, they'll actually get even if they said the account was twenty thousand dollars and the account was two thousand dollars.

If you do not show up.

If you take that letter and you ignore it, they'll get a default judgment against you.

So what should you do? What I recommend and it's my opinion is that you file an answer right.

You have to file an answer typically and I know a lot of times.

Some of these courts will force you to pay a fee in order to file an answer, but you have to file an answer with regards to receiving that summons right and the way you file.

An answer is with a debt validation letter.

So I would recommend that you send that debt validation letter not only to the courts, but you send it to the Creditor as well the debt collection agency.

Why am I asking you to send a debt validation letter? Hmm, the reason why is because a lot of debt collection companies through an Affidavit of indebtedness? All they need is your first last name and your social to file the suit they're banking on you defaulting a lot of times, because that's what will happen so with that debt validation letter to force them to show that they actually own the account how they bought the account and actually they can actually file suit on the account right, it pits their feet to the fire a little bit and forces them to provide the proper documentation that this alleged debt is even yours right, a signed contract, something along those lines.

It makes it a little more difficult with regards to doing so.

Let me tell you guys something: I worked in a legal department for about a year.

It was probably about my second or third year in debt collections right and like I stated before, with an Affidavit of indebtedness, they can file the suit.


Have your first last name your social security number, even though this account may not even be yours, they can start the process of filing the suit, be sure to file an answer.

Obviously, that way, it forces the debt collection company to provide documentation showing that they actually owe the account and they can collect on the account and in fact it is in fact you for whatever reason that it is in fact you I want to say something out there to you guys who are business owners, business owners who are actually making money.

You know filing taxes at the end of the year, have an EIN number you're, actually filing your articles of information.

You actually have income coming in you pay yourself, even if it's just a self-employed or you're paying employees.

I, remember I had a consumer who owed probably about 14 Grand.

This is story time now, I'm gonna tell you this and um before getting that actual judgment and before taking them to court, I got him on the phone and I tried to get them to settle out his account, and he refused and I yeah, of course mentioned like hey.

If you don't pay, it's a possibility, your wages can get garnished um, you know uh a few other things, and the one thing that he said to me was is why I own my own business, you ain't gonna, be able to do anything with regards to that I.

Remember him hanging up a couple months later we get the judgment and I even gave him a call.

This time span to try and get him to pay the account voluntarily, for whatever reason he's still set up.

You're not gonna, be able to do anything yeah.

You got a judgment.

It's not going to do anything to me.

What the attorney in the office did is what we call a tilt tap, so this consumer owned a barber shop.

So basically, what happened was the sheriff went inside of his place of employment? Are not his place of employment, but his business right and all the money that was going to be made for a certain amount of time.

I think it was like four hours or maybe it was a day.

I, don't remember so long ago, went straight to the sheriff and then the sheriff takes that and gives it directly to us and I'll never forget when that sheriff showed up.

I knew Through the Grapevine that it was happening on that specific date.

That guy immediately called me up because of his business.

He didn't like the fact it was a barber shop.

He didn't like the fact that it was a sheriff in the building, scaring off some of his customers and customers wondering what the heck is going on having to deal with the embarrassment.

He called me up and he immediately paid now mind you this guy, if he would have took care of it before he wouldn't even oh, he owed the 14 Grand, plus Court attorney fees and whatever else it was with regards to getting the fund from him thinking about like 17 grand when he had a chance to pay.

Maybe six or seven Grand and take care of it.

So I say that to say to you guys who are business owners as well, it's not only when a a default judgment or a judgment happens on behalf of a debt collection company.

They can do wage garnishment, which is one of the main things that they'll do with regards to a judgment.

You don't want that to happen.

For those who are working nine to five, they can place a lien on property right.

If you own property, they can place a lien on that property.

They can do a bank Levy, which is where I don't care.

How much money you have in your account.

They can actually stipend that account up to the uh, a certain amount of money or, however much is owed and depending on how much money is in your bank account they can take it all at one point in time and then they can do a till tap, which is what I said before, where they can go in your place of business and take your money for the day to pay off the debt until it's obviously paid in its entirety, and this can happen a couple days in a row.

So default judgment comes in, don't ignore it.

I mean a summons, comes in, don't ignore it, because you don't want a default judgment.

You want to fight it as much as you possibly can I do, encourage you getting an attorney with regards to that, but obviously file.

That answer and give yourself some time to make sure, because, like I stated that collection agencies they Bank on the fact that what that you will not respond so be sure to do that down below there's a bunch of free stuff.

We got the free letter, bundle, pay to delete, cease and desist Goodwill ladder.

Opt-In for that check that information out it'll help you on your credit Journey.

It's a free token from me.

Just input your information you'll, get that absolutely for free, no questions asked and for those of you, if you're in the fours, the fives or sixes on your credit down below, is a 20 minute consultation.

Not everybody is a fit.

This is not about a point of just getting you to do it, but right now, with the economy and with inflation and everything that is transpiring I encourage every single person to invest in yourself and the best way to start.

Investing in yourself is to get your credit in order.

There's about to be a lot of sales happening, there's about to be a lot of stuff happening and transpiring within the next year or two have your credit in order so that you can take advantage of the cell that's about to go on if you have any questions put them down in the comment section I promise, I'll answer those questions and I always State.

You be great, see you guys next time.


How do I settle a debt collection lawsuit? ›

Here are some routes you can take to improve your chances of settling the debt:
  1. File the Answer.
  2. Send a Debt Lawsuit Settlement Letter.
  3. Offer a lump sum payment.
  4. Pay the debt in full (not ideal)
May 12, 2023

How do you respond to a debt collector? ›

Don't pay, don't promise to pay and don't give any payment information the collector may use later. Ask for information on the debt and say you'll call back to discuss it later. Making a single payment — even just $5 or $10 — is an acknowledgment of the debt and can have serious repercussions.

Why you should not ignore a summons? ›

But, if you ignore a Summons, you will likely lose the case against you. The court will usually decide the lawsuit in favor of the person suing you. The court could decide that you have to pay money or that you must stop doing something.

How much will a debt collector settle for? ›

You can attempt to settle debts on your own or hire a debt settlement company to assist you. Typical debt settlement offers range from 10% to 50% of the amount you owe. Creditors are under no obligation to accept an offer and reduce your debt, even if you are working with a reputable debt settlement company.

Can you negotiate with debt collector after being served? ›

It's best to use an attorney to assist you with responding to a lawsuit from a creditor. And once you've been served, you still have the opportunity to negotiate a debt settlement.

Can you settle credit card debt after being sued? ›

If you worry about a lawsuit, you may consider debt settlement. How debt settlement works is you negotiate with your creditors to try to lower the amount of money you owe. Credit card companies sometimes accept payment less than the total debt if they feel you cannot pay it off.

What happens if I don't answer debt collectors? ›

Ignoring or avoiding the debt collector may cause the debt collector to use other methods to try to collect the debt, including a lawsuit against you. If you are unable to come to an agreement with a debt collector, you may want to contact an attorney who can provide you with legal advice about your situation.

How do you escape a debt collector? ›

Send a dispute letter to the debt collector within 30 days of them contacting you. Once a debt collector receives a dispute letter, they must stop trying to collect from you until they can send a written confirmation of the debt, like the original bill.

What is the 11 word phrase to stop debt collectors? ›

Are debt collectors persistently trying to get you to pay what you owe them? Use this 11-word phrase to stop debt collectors: “Please cease and desist all calls and contact with me immediately.” You can use this phrase over the phone, in an email or letter, or both.

What makes a subpoena invalid? ›

Rule 176.6 specifies that a subpoena may be quashed or modified if it “fails to allow reasonable time for compliance,” “requires a person to travel to a place that is more than 150 miles away,” or “requires disclosure of privileged or other protected matter and no exception or waiver applies.”

Will a debt collector sue me for 3000 dollars? ›

According to Investopedia, collection agencies prefer to sue for amounts more than $1,000. So, if you owe $5,000, a lawsuit is highly possible.

Will most collection agencies settle for less? ›

Summary: Most debt collection agencies are willing to settle a debt for less than the original amount.

Do debt collectors have to accept payment plans? ›

Your creditors do not have to accept your offer of payment or freeze interest. If they continue to refuse what you are asking for, carry on making the payments you have offered anyway. Keep trying to persuade your creditors by writing to them again.

Should you pay settlement offer from a collection agency? ›

Summary: Ultimately, it's better to pay off a debt in full than settle. This will look better on your credit report and help you avoid a lawsuit. If you can't afford to pay off your debt fully, debt settlement is still a good option.

Is it worth it to settle collections? ›

It's a service that's typically offered by third-party companies that claim to reduce your debt by negotiating a settlement with your creditor. Paying off a debt for less than you owe may sound great at first, but debt settlement can be risky, potentially impacting your credit scores or even costing you more money.

Can you make a settlement with a collection agency? ›

By proposing a settlement, you can pay off the debt quickly, usually for less than the original amount. The collection agent is incentivized to get you to pay as much money as possible with the least amount of effort on their part.

How do you deal with debt collectors when you can't pay? ›

Try settling or negotiating

After you've received your letter and verified that the debt is yours and that it's still within its statute of limitations, see if the debt collector will settle for a portion of the cost if you pay upfront. If they still want the full amount due, ask if you can set up a payment plan.

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