[elle876]

Hi, I live in NY. I just found a summons TAPED to my front door dated February 20 of this year, though it was just left today. It states that Arrow Financial is attempting to collect a debt, that my obligation to GE Money Bank has been sold AND assigned to them and it is signed by a lawyer defending Arrow Financial. It also states that the plaintiff demands judgment in the sum of $2969 with interest from October 6, 2006 together with costs and disbursements and that I need to appear. The original creditor was Care Credit (GE Money Bank) and I first defaulted, I believe, August 2005. After the birth of my second child I exhausted any savings I had trying to keep up with minimums. By November 2005 four of my six lines of credit had defaulted and went to collections. Unlike my other debts this line of credit was extended after I was married so I understand my husband is responsible for this debt as well. What can I do right now? Does the CA have the right to sue if they are not the OC? Can I still call to attempt payment arrangements and if so should I even deal with the CA or go back to the OC? I can afford to settle this debt for 25%. Should I offer this to either of them? Should I mention that if they do not accept this I may be forced into bankruptcy? Also, I may have to file bankruptcy on my remaining debts. One of them, from before my marriage but with my husband-then-boyfriend as a user, shows up on my husbands credit report though he is just a user, not a co-signer or account holder. If that account is included in a bankruptcy how might that affect his credit worthiness? Thank you for any help you can provide.

[seniorjudge]

Do not ignore this summons.

Show up for court when you are supposed to.

[aaron]

If your husband was not an account holder, he should object to the incorrect entry on his credit report.

[elle876]

Does taping a summons to a door, by law, constitute my reciept of it? (I am quite disturbed by this as it had been poorly taped to my door during a very bad storm and surprisingly did not blow away but easily could have leaving me to lose by default.)

Can I forward the balance at this point, after having recieved a summons?

If I can manage to borrow funds elsewhere to whom should I pay the balance? The lawyer, the collection agency who purchased the debt or the original creditor?

Will I still have to appear on the summons?

I am hesitant to call any of the three to inquire because I assume they may all say "pay me, not them."

Thanks.

[aaron]

They may have had the court's permission to effect service by posting. You're being sued, so show up as required unless and until the case is settled.

[lwpat]

They will probably accept your offer of 25%, especially if you tell them you are going to file bankruptcy.