How should I respond to a debt collection summons?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How should I respond to a debt collection summons?
My wife had some debt before we married so she enrolled with a debt settlement company. We now realize that it was a mistake. It has been roughly 2 years and they have not paid any debts. Today my wife received a summons from an attorney representing one of the creditors. How should I respond to the summons? I’m assuming I should file an answer, but I’m not sure about what to say. Also, how should I follow-up with the debt settlement group? Is there a way to get our payments back? Should I hire a lawyer and roughly how much would that cost?
Asked on March 19, 2011 under Bankruptcy Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
First, you have to respond--if you don't you will lose by default. As to how to respond--you should retain an attorney to help you respond and also to potentially sue the debt settlent agency, if they either have breached their agreement with you, or else where negligent in not paying. You may have grounds to recover any money paid them and also other monetary damages, too.
There is no way to predict the laywer cost--what lawyers charge varies widely, and also will depend on how much work is required. You can and should inquire into cost when you speak with attorneys, and you can decide whether you can or should pay it or not.
Another option is to look into bankruptcy, especially if you can't afford an attorey: bankruptcy would allow you to get out from under you debt(s) (discharge them).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.