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  1. #1
    Join Date
    Nov 2008
    Posts
    2

    Default Complaint and Summons Over a Debt

    My question involves judgment recovery in the State of:NJ

    I received a complaint Summons from a local court via regular mail regarding a $5400 debt from 2002. I did make a payment back in Apr 2006. Does that renew my SOL? Also I had it removed from my credit report in 2007 by disputing it via a credit repair company. IS that enough for my defense? What options do I have I have 28 days to file written reponse..

  2. #2

    Default Re: Complaint Summon

    By making a payment you restarted the SOL. Taking it off your CR has nothing to do with it.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Complaint Summons

    & - You do need to answer the summons in the time limit allowed or they will get a default judgment against you.

  4. #4
    Join Date
    Nov 2008
    Posts
    2

    Default Re: Complaint Summons

    What are my options in terms of debt verification or arranging for installments without judgement.

  5. #5
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Complaint Summons

    Since it is more than 30 days since initial contact, since you paid money (which is an effective admission), and since you did not dispute in writing within the 30 days, you can forget asking for any kind of verification under the FDCPA.

    Sure, when you get to court you get discovery, but you know the risks there. As far as a settlement? That is up to the plaintiff. He may or may not take payments and may or may not ask for a judgment, but I can tell you this: since they have gone to all this trouble, they probably will want a consent judgment or a written stip.

  6. #6
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Complaint Summons

    You can contact the plaintiff (best their attorney) & ask if they will settle (possibly for a lesser amt. and/or payment plan) before going to court & getting a judgment against you. However, they don't have to.

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