What to do About a Summons for a Credit Card Debt

[xxhelpmexxx]

ello and good day to everyone.. I need help, i received a summons tuesday for an old credit card debt (2 yrs old).
bronson and migliaccio is the plaintiff. Im so scared i dont know what to do. please help me by answering my questions

the debt i had was 3000+ but they say its 4000+ (im thinking maybe this is from interes). i received 3 letters
from bronson and migliaccio first to say they bought the debt from the credit card company, second to, a year after, to settle, third
the summons. I never got any summary of the debts or interest from them. I called the civil court to validate the invoice
number of the summons and it was validated. they said i had to go there to give my answer... PLEASE HELP ME:

1. what do i answer?
2. should i contact bronson and migliaccio and ask for a summary of the debts?
3. can this be sttled out of court with bronson and migliaccio?

I had the debt when i was in college 2 yrs ago and i have a job now ive had it for a couple of months but i cant pay the debt of
in one payment... please please help me im so scared

[Betty3]

Did you get a time limit to answer the summons? You need to answer in the time limit allowed. You then go to court on the date assigned.

There should have been instructions with the summons as how to answer - you just answer truthfully. (Usually you admit to the debt, deny the debt, indicate you are not sure the debt is valid - whatever the truth is)

You can call the collection agency & see if they will settle prior to going to court but they don't have to. They might settle for a lessor amount and/or set up a monthly payment plan.

[Betty3]

Adding to my above post, if you don't answer the summons & don't go to court on the date assigned, they will get a default judgment against you. If they do, they can seize all of your non-exempt assets/income that your state allows.

If you make settlement arrangements prior to going to court, be sure to get them in writing.

[xxhelpmexxx]

hi betty. thank for the reply... they said 20 days since i got the letter and i got the letter tuesday (oct. 28, by mail). how do i ask for a summary? when i go to court should i say im not sure so that they will give me a summary? i dont have any property that they can seize and i hardly have anything on my checking acct. if the judgement is against me would they allow a payment plan or would they just garnish my wage directly? =(

[Betty3]

You need to answer the summons in the time limit allowed. If you are not sure the debt is yours or valid for some reason, then you would put that in your answer & use that as your defense in court.

If they get a judgment against you, they can seize all non-exempt assets allowed in your state & garnish wages (if allowed in your state). They don't have to set up a payment plan.

What is the name of your state which you did not give us. Thanks.

[SaM5246]

Adding to my above post, if you don't answer the summons & don't go to court on the date assigned, they will get a default judgment against you. If they do, they can seize all of your non-exempt assets/income that your state allows.

If you make settlement arrangements prior to going to court, be sure to get them in writing.

You can object to the seizure of property and accounts or garnishment of wages. They will usually check to see what you have, you are called into court and must state what you have in your accounts. You have 10 years to pay, if you do not pay them they can refile after that for another 10 years.

[Betty3]

You can object to the seizure of property and accounts or garnishment of wages. They will usually check to see what you have, you are called into court and must state what you have in your accounts. You have 10 years to pay, if you do not pay them they can refile after that for another 10 years.

How long the judgment remains (how long the SOL would be on a judgment to collect it) depends on the state & in some states they are renewable. Even if you currently have no assets, you might in the future & judgments in most states have a fairly long SOL.

Just because you object to the seizure of assets or garnishment of wages, it can still happen if it is allowed in your state & depending on your assets/income.

[xxhelpmexxx]

i live in ny. i dont own anything of importance (car, house etc.). when i go to court can i answer that im not sure the debt is mine or if the amount is correct? because when they tried to collect from me through a letter (which happened only once and i still have the letter) they put in 5000+ but in the summons they are suing for 4000+ which totally confused me... so how exactly do i answer im not sure and that i would like a copy of the account from the beggining? thanks for answering guys....

[Betty3]

If a judgment would be rendered against you, the SOL on a judgment in N.Y. is 20 years (10 year renewable lien).

Yes, those could be your answers to the summons and your defense in court. If you need help on how to file an answer to the summons, the court clerk will normally help you (give you general instructions) but they CANNOT tell you what to answer (cannot help you with the answer).

[xxhelpmexxx]

goodmorning betty. i was wondering if the judgement is against me is it always garnishing my wage since i dont have any property and i cant pay the debt in whole?