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  1. #1
    Join Date
    Dec 2006
    Posts
    1

    Angry Sued After Stopping Payment To Avoid Renewing Expired Debt

    Back last year, I sent in a small check to a collector, but realised that the the account had expired so I had my bank place a stop payment on it. A year later the account had been transferred to a new collector. I've been writing back and forth with this credit collector over an SOL credit card. They said a check was received and returned as insufficient funds. I wrote back to them and said that a payment to the account was not made, SOL still expires. Now I have received a summons. The amount is $9800. How do I answer this summons, is there a form available?

    I am unemployed. Own a 95' car, and another on loan. Should I give the car I own to my wife, give her the title in case.
    Should I get a lawyer? Any chance of winning?

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

    Default Re: Special situation - received summons

    Court procedures vary by state. You're going to have to research whether under your state's laws the bounced check would count as activity constituting a novation of the debt. It probably did.

    Giving your wife title to the car probably won't make any difference to whether or not they can attach it - it would be a fraudulent conveyance (one intended to make you uncollectable after you had notice of the claim against you). Actually you could lose any exemption you have under the laws in your state to keep the car, as a fraudulent conveyance will typically allow the creditor to avoid any exemptions.

    They probably won't have much interest in a 1995 car, even if it isn't exempt.

  3. #3

    Default Re: Sued After Stopping Payment To Avoid Renewing Expired Debt

    The form to answer should be available at the local magistrate. Check to be sure that it is a real summons and that it has been properly served. Just go down to the court and talk to the clerk.

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