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

Introduction

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Content

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.

I.

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.