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  1. #1
    Join Date
    Feb 2011
    Posts
    1

    Default Received a Summons

    My question involves collection proceedings in the State of: Tennessee

    I received a summons yesterday from our Sheriff, for a court date in a month. The creditor taking me to court is somewhat like a department store, I suppose -- it was for an item purchased on credit online, they didn't actually extend a credit card. It was paid on for almost a year, and then a few things happened with work, so I canceled the direct deposit that was set up to pay on the item so I could work a different plan with them.

    The harassing phone calls began immediately, and I couldn't really get to reach and agreement with them. Their legal department began texting me, I asked them to stop (I dont have texting, therefore it was charging my cell phone bill), and then looked me up on Facebook to contact me there. Months went by and no agreement made. I asked for a full bill, and updated my address with them, and they sent it to the old address. I corrected my address with them again, and once again, never received any kind of paperwork from them to at least show me in writing the break down. (Their paperwork on the summons also shows the wrong address)

    Now I've received the summons for the balance owed on the account. I've never been to court before, so I have no clue what to expect from this. They are based out of New York. They have been so hard to set up any sort of negotiations with, and I am all for paying what I CAN.

    I just have a couple questions I was hoping someone might be able to shed a little light on:

    -Can I attempt to settle with them once again out of court before actually having to go to court? (We have a ton of lay-off's and firing going on right now, I really am not enjoying the idea of needing to take off work for this, with the way work is going)

    -If we go to court and they receive their judgment, will it garnish a percentage of my wages or will it also go to my bank account?? (I'm just wondering if I need to get a prepaid debit card as a back up, I can't have my bank account wiped)

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Received a Summons

    They don't have to negotiate.

    You are free to contact their law firm to try to negotiate a settlement.

    You can expect a judgment creditor to utilize whatever remedies are available, including garnishment and execution against non-exempt assets, to collect the money you owe. Some creditors are more aggressive than others.

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Received a Summons

    You should file an appearance and documents responsive to their complaint. Is this small claims? How much $$? Are attny fees recoverable for them?


    Except for your home, all transactions should be paid in cash. There is no reason to get a new car if you don't have the money...or other items not able to pay for. And you should pay off your house in 10 yrs. maximum.

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