[Xitium]

My question involves collection proceedings in the State of: Oregon

I received a certified letter that was a summons to appear. From what I can read it says I must file an answer within 30 days or the plaintiff will win by default.

I believe this is for a credit account opened in August 2002 with a department store. They are suing me for $1200 plus fees and interest from 2004. I can't afford a lawyer (if I could I would pay the debt). I don't know what I should do. I don't know how to file anything and I wonder if its even worth it. If I don't I still owe the debt. If I do then I pay for the court costs and I'm confident that they will still win.

If I don't answer the summons will I get into more trouble?


Looking around online I see that there are a few things I can do in the mean time. Once such thing would be debt validation. Should I send them a letter or is it too late? Since I have already received the summons? Or can I still do this and then push out the 30 days to respond to the summons?

[ashman165]

My question involves collection proceedings in the State of: Oregon

I received a certified letter that was a summons to appear. From what I can read it says I must file an answer within 30 days or the plaintiff will win by default.

I believe this is for a credit account opened in August 2002 with a department store. They are suing me for $1200 plus fees and interest from 2004. I can't afford a lawyer (if I could I would pay the debt). I don't know what I should do. I don't know how to file anything and I wonder if its even worth it. If I don't I still owe the debt. If I do then I pay for the court costs and I'm confident that they will still win.

If I don't answer the summons will I get into more trouble?


Looking around online I see that there are a few things I can do in the mean time. Once such thing would be debt validation. Should I send them a letter or is it too late? Since I have already received the summons? Or can I still do this and then push out the 30 days to respond to the summons?

If you don't appear, a default judgment will likely be rendered against you.

You can request the debt validation, which is a good idea. But you'll have to show that this summons is your first notice, as that's when the 30 day window starts.

Ignoring a summons from a court of competent jurisdiction is a very bad idea. Judges can do nasty things to your life if you ignore them, including ordering your arrest in some cases. You didn't say what the summons actually said, but I'm going on the assumption that your failure to appear will simply result in a default judgment against you; however, this might not be the case depending on what the summons is.

[Xitium]

Yes it says that if I don't appear that the plaintiff will win by default. I don't want to ignore it but I don't even know how to "answer" it.

The Summons is the only certified mail. I called and talked to the collection agency and they said they sent other mail but I don't have it. She admitted that because of the nature of their business that its a pretty plain envelope so it doesn't draw attention and it might be mistaken for junk mail.

In any case its the only thing that I have and I'm pretty sure they can't prove I ever got any other mail.

If I submit a letter for validation of the debt do I still need to answer the summons within the 30 days?

[Betty3]

You do have to answer the summons in the time limit allowed. You will then be furnished a court date - if you don't show up in court, they will get a default judgment against you.

[Jackie2]

chech with you county court house to make sure a suit was filed to begin with. If no suit has been filed then the firm as violated the FDCA. They cannot threaten to file a suit and then not do it.

Find out the details from the court house and they can help you with how to respond. If a suit has been filed, you HAVE to go to court. There are lawyers that help people who can't afford to pay. Ask the court house if they know of any.

[Xitium]

You do have to answer the summons in the time limit allowed. You will then be furnished a court date - if you don't show up in court, they will get a default judgment against you.

It says in the paperwork that I received that if I dispute the debt that I have 30 days and that any litigation must stop. So wouldn't this extend the amount of time I have to answer the summons?

How do I go about filing an answer to the summons to let them know that I am requesting validation of the debt? Can anyone give me a ball park figure for the costs that I will pay to file an answer?

[Jackie2]

it says in the paperwork that i received that if i dispute the debt that i have 30 days and that any litigation must stop. So wouldn't this extend the amount of time i have to answer the summons?

How do i go about filing an answer to the summons to let them know that i am requesting validation of the debt? Can anyone give me a ball park figure for the costs that i will pay to file an answer?

call your court house and ask.

[Xitium]

Thank you everyone. I have decided to just settle it and keep it out of court. I appreciate everyone's help.