How should I proceed answering Credit Card Summons in GA?
I recieved a credit card summons on June 21st. I am in Gerogia and have 30 days to answer. I plan on completing my answer in next two days. I have consulted attorney and they all give me geral good answers in regards to making sure I answer first and high-level advice. they dont go deep as it would be consulting which they charge for. I am not ready or able to pay for a full fledged lawyer right now as some of them have said I have a “loser” case being that the amount of debt I have, it would be backwards of me to pay for a lawyer who would ask for more than half the amount I owe in debt.
Bankruptcy is out of the question as it is just $4K in debt. and I do not want to do debt consolidation programs or debt settlement agencies.I really want to put this behind me. It is not out of the SOL as it was charged off late last year.
After extensive research and help from people on boards & attorneys,
I am preparing my answer.
• In GA, is there an exact way to prepare my answer? Is there a database of GA court forms as other states have that would help?
• When answering, should I allude to myself as “Defendant” or use my full name when making statements?
• What exact verbiage should I use when accepting, denying, or need more info answers?
• Do I put my defenses on same sheet? Where on the answer to complaints do I put my defenses?
• Should I copy original complaint and put answer below each one?
• I want them to validate, not “verify” the debt? Should I attach a “Request for production”, “Request for discovery”, or “Debt validation” to the answer? or work it into my defense?
• I am also attaching and filling out a “Notice of Appearance” to state I will be at the court date whenever it is set and I want to be notified of every single change or communication. Is this ok?
• At the end, I am also attaching a “Certificate of service” that shows I have also sent a copy of everything to the JDB’s attorney, the date, and what documents along with return reciept. I will do this right before I hear to court to give my answer to the summon. Is this ok?
• Do all of the forms need to be notarized? If not, which ones?
• Am I missing anything that I need to include in my answer to the summons?
I have “Answer”, “Defenses”, “Request for Production”, & “Certificate of service”
BIG QUESTION: What happens after I file an answer? Who will I hear from? what is the time frame?
I want to avoid a default/summary judgement and ultimately want to settle this debt but do not want to do it informally out of court now that they have served me a summons.
The account is for $4K and is being represented by an attorney for Cavalry Portfolio who was assigned from BofA.
Does BofA have anything to do with this debt anymore?
What is the lowest I should settle for if it does come my way?
Thanks
Tagged with: answering • Card • Credit • proceed • should • Summons
Filed under: Debt Consolidation Plan
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I don’t have all you answers…just some general comments:
First, Cavalry Portfolio is a horrible firm….be careful in dealing with them. Assume that any promises made over the phone are lies unless they are backed up in writing.
http://www.budhibbs.com/collectorpages/cavalry_recoveries.htm
Of course you should try to settle…the problem is that once the debt has gotten to a confirmed legal stage, they tend to want the full amount…not settlements for less. Assuming you have the money, try to settle for $2K and see what they say. Don’t make any settlement offers if you can’t afford to pay it all up front…they don’t want small payments over several years. Don’t give them any “good faith” payments without any written settlement agreements….because they’ll simply take your money and sue you anyway if you don’t.
If you can’t settle, then it’s critical that you show up in court at the appointed date and time…as well as to file any required court response. Not showing up is the worst mistake you can make as the judgment could end up being double ($8k) if you don’t show up to challenge it…even worse, the judge could authorize max. wage garnishment….which could be as high as 25% of your wages. It’s cases like this that often force people into having to file for Chapter 7 bankruptcy to stop the wage garnishment. Show up in court with complete documentation of your income (pay stubs) and living expenses (copies of bills etc). Use this to negotiate a payment plan that you can afford. If you stay at home on the day of the court, BOA will decide for you what you can afford to pay, which will be 25% of your wages.
Hire an attorney to prepare the response. If you’re flat broke and you can’t do this, then submit something like the following.
I can neither affirm or deny this debt until validation has been made. I am requesting validation of this claim, to include a copy of the original signed contract with my signature. I cannot officially respond to this claim until validation in this format has been submitted, along with a fully itemized statement showing how the amount being requested was calculated.
It might be best if you hire the lawyer.
Here’s my question: is this your debt? My guess is that it is yours and you know it but are just looking for some kind of loophole or stalling tactic — all that demand for validation…. Take the hint from the attorneys who told you that you have a “loser” case. The collection agency is going to win a judgment against you.
The only way to avoid the judgment, would be to get a lump sum settlement now. Since it’s already to the summons point, the collector is not going to accept a small settlement. Be prepared to pay the full $4K. Any payment plan will likely end up being processed thru the court as a judgment anyway, informal or formal.
The time to have asked for validation or offered a small settlement was long before the collector filed the lawsuit.