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  1. #1
    Join Date
    Apr 2007
    Posts
    2

    Default Debt Settlement Firm Telling Me To Ignore Civil Summons

    Dear Expert At Law,
    I have recently received a Civil Summons from a law firm representing a Credit Card company where a debt of $12,200 is owing. I live in Kentucky where the collection law firm and court is located. I have retained a debt settlement company to negotiate and resolve this debt. The debt settlement company is advising me to ignore the summons, stating that the law firm will issue a second one after a period of time, then the debt settlement company will start negotiating a settlement amount. The debt settlement company is claiming this is a tactic by the collection law firm to scare me and not work through the debt settlement company. The server of the summons was a sherriff who advised me all I had to do was contact the Law Firm within 20 days. The Proof of Service portion of the summons was not dated or signed by the sherriff. My questions are as follows;

    1.) Should I ignore the summons as per my settlement company's request?

    2.) If I ignore the summons what are the potential consequences? A default judgement against me? A garnishment of wages? Another summons?

    3.) Should I fax the law firm a statement advising them that the debt settlement firm has been retained to negotiate a Good Faith settlement payoff? I have previously made the Law Firm aware of the settlement company.

    Thanking you in advance for your time and consideration.

  2. #2
    Join Date
    Mar 2007
    Location
    California
    Posts
    174

    Default Re: Debt Settlement Firm Telling Me To Ignore Civil Summons

    I'm not an expert, but I do know enough to know you should NEVER ignore a civil summons. You may be subjecting yourself to a default judgment, garnishment of your wages, etc. Go see an attorney and take the summons with you.

  3. #3
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Debt Settlement Firm Telling Me To Ignore Civil Summons

    Those debt settlement firms are scoundrels and cads.

    Stay away from them.

  4. #4
    Join Date
    Mar 2005
    Location
    Florida
    Posts
    435

    Default Re: Debt Settlement Firm Telling Me To Ignore Civil Summons

    do not ignore the summons!

  5. #5
    Join Date
    Apr 2007
    Posts
    2

    Default Re: Debt Settlement Firm Telling Me To Ignore Civil Summons

    Thanks for your advice.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Debt Settlement Firm Telling Me To Ignore Civil Summons

    There's another thread in this forum, perhaps the one which led you here, in which somebody describes following a debt settlement firm's advice to ignore creditor contacts and lawsuits, and ended up in a huge mess.

    It is very safe to assume that if you ignore a lawsuit, you will end up with a judgment against you. If you have been served with one summons, you should not expect to be served with another - and anybody who suggests that you will is being dangerously misleading.

  7. #7
    Join Date
    Apr 2007
    Location
    VA
    Posts
    6

    Default Re: Debt Settlement Firm Telling Me To Ignore Civil Summons

    You must of hired the same debt settlement company that my husband and I hired....We ignored and now have a bank levy/garnishment.....Take my advise......get your money back from the debt settlement company and make your own payment arrangements..........

  8. #8

    Default Re: Debt Settlement Firm Telling Me To Ignore Civil Summons

    I think what the agency was telling you were if you avoid getting served than the party cannot take you to court and collect the debt. Some states allow you to serve a summons through certified mail and others require you to have them physically served by either a private server or the Sherriff’s department. If you can avoid getting served the summons you can essentially keep the party trying to validate your debt through the legal system so they can use the system to leverage your assets since it appears that you are refusing to pay your debt. So avoiding a summons is OK if you know what you are doing, but ignoring a summons that has been legally served to you is where you will get into the trouble that others have mentioned, e.g. wage or bank account garnishment.

  9. #9
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Debt Settlement Firm Telling Me To Ignore Civil Summons

    There is no state which won't, after an appropriate effort to effect service, permit "substituted service" upon a defendant who can't otherwise be served.

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