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  1. #1
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    Default What to Do After You're Served with a Summons and Complaint

    I just received a "Summons on Complaint" letter from my local Court of Common Pleas in Ohio. I, unfortunately, did not follow up with multiple calls from a collection agency in my state who is representing Capital One for a credit card that was charged off about a year ago. The balance due is around $5,000.00. I am young and do not have any experience with this at all and kindly seek advice - what do I do next? Would there be any chance of getting this court case dropped if I contact the Collection Agency attorney directly and offer to set up monthly payments? I'm really worried and I have no idea what to do. Please help!!!

  2. #2
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    Default Re: What to Do After You're Served with a Summons and Complaint

    If you want to try to settle the debt, there is no reason why you cannot do so. If you work out a deal to settle the debt in exchange for the dismissal of the lawsuit, make sure that you get that deal in writing before you pay.

    If you do not settle the claim, you need to file a timely answer, affirmative defenses (if any), and appear in court as required to defend yourself and avoid default.

  3. #3
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    Mar 2013
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    Default Re: What to Do After You're Served with a Summons and Complaint

    First thing you do is whatever the summons says to do.

    Does it say file an answer or does it say appear in court on a particular date?

    As for offering payments, you can do that and see how it goes. But I have to tell you, now that they have gone to the expense of suing you because you were unreliable they would be inclined to follow through and get the judgment, then garnish your wages for payment.

    Keep in mind you don't owe just the $5000 balance. You will also owe the creditor's attorney fees which could add thousands.

    Your best bet is to find a large amount of cash and offer a lump sum discounted settlement in exchange for a written release and dismissal. 50% or more might do it. Collection agencies want money in instead of money out.

  4. #4
    Join Date
    Nov 2009
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    Default Re: What to Do After You're Served with a Summons and Complaint

    Was a copy of your original credit card contract attached to the summons?

  5. #5
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    Default Re: What to Do After You're Served with a Summons and Complaint

    Quote Quoting searcher99
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    Was a copy of your original credit card contract attached to the summons?
    What are you getting at?

    What's typically attached to the summons is the complaint. What's in the complaint are the allegations. Documents and evidence comes later, during the discovery period.

    Besides, it wouldn't necessarily take the original credit card contract to prove that there was a contract, that the OP used the card, ran up a bill, and didn't pay it.

    So, again, what are you getting at?

  6. #6
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    Default Re: What to Do After You're Served with a Summons and Complaint

    Quote Quoting adjusterjack
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    What are you getting at?
    I’m referring to procedural requirements in Ohio.

    Quote Quoting Ohio Rules of Civil Procedure 10(D)(1)
    Account or written instrument. When any claim or defense is founded on an account or other written instrument, a copy of the account or written instrument must be attached to the pleading. If the account or written instrument is not attached, the reason for the omission must be stated in the pleading.

  7. #7
    Join Date
    Apr 2018
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    Ohio
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    Default Re: What to Do After You're Served with a Summons and Complaint

    Yes, a copy of the credit card statement was attached. So, what should be my next step? Should I contact the debt collection attorney via phone or mail? Should I file the answer to the summons right away? I still have 21 days left to answer. I know that it's very important to answer, so I intend to do so.

    I really want to avoid going to court, so I would like settle with the attorney by offering to do monthly payment immediately. But should I file the answer before I contact the attorney? Again, I have no idea what is the best option here, so any help is much appreciated.

  8. #8
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    Default Re: What to Do After You're Served with a Summons and Complaint

    If you do not file a timely answer, you can expect to be defaulted. So negotiate as you want, but file a timely answer if you haven't finalized your deal before the deadline for filing -- or file an answer and affirmative defenses so that you have more breathing room as you negotiate.

  9. #9
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    Apr 2018
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    Ohio
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    Default Re: What to Do After You're Served with a Summons and Complaint

    I contacted the attorney representing Capital One via email proposing my offer of monthly payments. They have accepted my offer and said the following:
    "For this arrangement, we are going to request for you to sign a contract known as an Agreed Judgment Entry. With this contract, you would be agreeing to a possible judgment against you, but we would be agreeing not to attempt to execute on that judgment in the form of a possible wage garnishment or bank garnishment, as long as you make the payments on time and to the amount agree to. Do these sound like terms that you would likely be agreeable to?"
    Plese advise as to how I should proceed. Again, I am young and do not much about this kind of stuff, so I really need advice. Thanks!

  10. #10
    Join Date
    Nov 2009
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    886

    Default Re: What to Do After You're Served with a Summons and Complaint

    Quote Quoting mike051
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    Plese advise as to how I should proceed.
    One thing to keep in mind is that this forum gives information, but not necessarily advice. Free stuff on the Internet is always like that and you have to decide for yourself what to do. Having said that, I can offer my perspective as someone who is not an attorney but has simply searched and read about your type of issue.

    I’d like to add comments later, but first I have a few questions:

    1. Did you tentatively suggest settling on the full amount with interest or did they offer some sort of break as an incentive for you?
    2. Did they attach to the complaint a statement of ALL charges on the account including interest and penalties?
    3. Did they attach the terms and conditions you had previously agreed to, especially regarding computation of interest and penalties?
    4. If a debt collector initiated the action on behalf of the bank, did they establish the existence of a valid assignment agreement with that bank?

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