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  1. #1

    Default Debt Summons in Kentucky - What to Do

    Hi everyone,

    My question involves collection proceedings in the State of: Kentucky

    I've just received a summons and I don't know what to do. I am on Social Security and cannot afford an attorney. The letter they sent me is as follows:

    "The Commonwealth of Kentucky to the Above-Named Defendants:

    You are hereby noticed that a legal action has been filed against you in this court demanding relief as shown to you with this summons. Unless a written defense is made by you on an attorney in your behalf within 20 days following that day this paper is delivered to you, judgment by default may be taken against you for the relief in the attached complaint.
    "

    There is a blank Proof of Service following this summons. The complainant is from a debt collector who apparently is current holder of a debt originally in the name of Columbus Bank and Trust Company, both of whom I've never heard of. Their complain is as follows:

    "Comes the plaintiff, (name omitted), current holder of a debt originally in the name of Columbus Bank and Trust Company, and for its complaint states as follows:

    1. Defendant is indebted to the plaintiff under the credit agreement filed herewith as Exhibit A.

    2. Said obligation is past due and defendant owes a balance of $XXXX.XX plus interest at the rate of X.0% per annum from April XX,2007 until date of the judgment then XX.0% per annum thereafter until paid.

    3. Plaintiff has referred this claim to its counsel, who are not its salaried employees, and plaintiff is entitled to recover reasonable attorney's fees pursuant to KRS 411.195 and the Credit Agreement filed herewith as Exhibit A.

    4. The plaintiff's counsel is attempting to collect a debt and any information the plaintiff's counsel obtains will be used for that purpose and this communication is from a debt collector.

    WHEREFORE: Plaintiff demends judgement against the defendant for the sums set forth above and court costs.
    "

    The thing is, I do not ever remember signing up for a credit account with Columbus Bank and Trust Company! I don't know what to do. I don't have any other income except Social Security and I own practically nothing. I'm 74 years old and seriously disabled. I have no means of transportation to and from the courthouse, and I honestly cannot afford an attorney. I'm really scared. I don't even know how to go about drafting a letter disputing this claim and I only have 20 days to respond before I'm guilty by default. There is no court date set, and the Circuit Court Clerk I talked to over the phone stated that I need to send a letter accepting or denying the claim.

    Please, I would appreciate any advice. Thanks so much for reading this, and for your time.

    -Disabled&Scared

  2. #2
    Join Date
    Jun 2008
    Posts
    273

    Default Re: Debt Summons in Kentucky - What to Do

    I know you can't afford an attorney... Thing is, you can't afford to NOT have an attorney. Getting a lawyer will cost you $xxx.xx but NOT getting a lawyer will cost you $xxxx.xx 3 x's are better than 4.

    You should be able to get a free consultation at least.

    If you believe you could be the victim of identity theft then visit https://www.annualcreditreport.com/cra/index.jsp to get a (truly) free copy of your credit report to check for other agreements that you don't recall. File disputes with the credit reporting agencies if there is anything that doesn't look right. Instructions will be on the report.

    If this debt is not yours then you MUST respond denying it or they WILL get a judgement against you. If you think paying a lawyer to answer a summons is expensive, try paying one to get a judgement set aside.

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