The doorbell rings and someone is standing there with some documents.
The man says, "You are being sued and I'm here to serve you a SUMMONS."
He hands you the SUMMONS and walks away...
NOW WHAT?
You go back inside (a little in shock!) and start to read the documents.
The SUMMONS says something like you have 30 days (average) to APPEAR and give an ANSWER.
Sounds like you have 30 days to show up in court and explain why you have not been able to pay this debt.
But, that's NOT what it means!
If you'll look closely at the SUMMONS, the words "APPEAR" and give an "ANSWER" are highlighted or in italics.
It means that if you have absolute, documented proof that you do not owe the debt/CLAIM, you have 30 days to file the proper documentation and proof with the court.
If not, the PLAINTIFF (creditor or collector) may petition the court to be awarded a DEFAULT JUDGMENT.
After (and only AFTER) being awarded the JUDGMENT, can the PLAINTIFF/CREDITOR/COLLECTOR apply for a WRIT OF GARNISHMENT or BANK LEVY.
WAGE GARNISHMENT in most states is 25% of your NET (after-tax) income!
Hard to make ends meet on 100% of your net, after-tax income?
Try it with 25% less!
A BANK LEVY will FREEZE you bank account and you will not have access to your funds! VERY BAD!
WHAT DO YOU DO???
You cannot ignore this SUMMONS!
The creditor or collector retained a Law Firm that specializes in Debt Collection by filing CLAIMS resulting in a SUMMONS.
You may have been receiving calls and letters about your delinquent account and have not been able to do anything about it or just ignored them...
Well, now they have your ATTENTION!
At Debt Relief NW, LLC, we've been helping people deal with receiving a SUMMONS for over 20 years.
Of all those, only one or two resulted in a WAGE GARNISHMENT or BANK LEVY.
Why???
BECAUSE THEY IGNORED THE SUMMONS!!!
Of those who let us know about the SUMMONS, we were able to:
1) Negotiate a settlement the total amount CLAIMED.
To do this usually takes a LUMP SUM payment of 70%-80%.
Rarely will the Creditor/Collector/Plaintiff accept a settlement reduction and accept payments over a long period of time as well.
2) Negotiate a repayment plan on the FULL BALANCE.
Usually, there is a STIPULATED AGREEMENT.
It must be signed (sometimes notarized) by the DEFENDENT (CLIENT)
It is filed with the court, but removed after the agreement is completed.
BOTTOM LINE...
In most cases a settlement can be negotiated BEFORE a creditor or collector decides to FILE A CLAIM (resulting in a SUMMONS).
But if you receive a SUMMONS, act quickly and legal options to the Plaintiff such as WAGE GARNISHMENT and/or BANK LEVIES can be prevented!
