If you cannot keep up with the minimum payments due on your credit cards, a creditor or debt collector may decide to file a CLAIM against you!

If this happens, you will receive a SUMMONS.

The summons will show who the PLAINTIFF is.

This is the creditor or Debt Collector.

You will be named as the DEFENDENT.

The summons will state the particulars:

How much the debt is, etc.

It will also say something like...

You have 30 days to APPEAR and give an ANSWER.

This DOES NOT mean that you have to go to court in 30 days!

It means that if you have WRITTEN PROOF why you do not owe this CLAIM/DEBT, you have 30 days to submit your ANSWER to the court.

This ANSWER must be in the proper legal form and often requires an attorney to prepare and deliver to the court.

Not only will you have to pay the attorney, you will also have to pay a FILING FEE!

If you know you owe the debt, there is no use wasting your time and money.

NOW WHAT HAPPENS?

This is where a lot of people get themselves into trouble by ignoring the summons! 

• YOU CANNOT IGNORE THE SUMMONS!
  
  
• IT WILL NOT JUST "GO AWAY"!

If you ignore the summons and the court awards the PLAINTIFF a DEFAULT JUDGMENT, then the PLAINTIFF has options to collect on the judgment:

1) If you have earned income (mainly W-2 income), they can apply for a WRIT OF GARNISHMENT on your wages. 

In most states, this is 25% of your AFTER TAX/TAKE HOME income!

Let's say you earn $5,000/month and your over-all tax rate is 30%.

That means your after tax/take home is about $3,500.

If you are garnished, your employer has NO CHOICE but to comply with the WRIT OF GARNISHMENT or face legal action.

That means that your employer would have to send 25% of the $3,500 to the PLAINTIFF!  THAT'S $875, leaving you only $2,625 to live on!

OR...

2)  The Plaintiff could apply for a BANK GARNISHMENT!

If awarded, a notice is sent to your bank and any funds you have in your checking and/or savings would be frozen and sent to the plaintiff!

That would be devasting!

Yes, there are EXEMPTIONS on what "TYPE" of income deposited in your account can be garnished such as income from:

• Social Security benefits
• Supplemental Security Income benefits (Disability)
• public assistance benefits
• unemployment benefits
• veteran's benefits
• child support, and
• federal employee and civil service retirement benefits.

But, the problem is twofold:

Even if your bank account SHOULD BE exempt, many times the bank does not protect you and your funds are FROZEN FOR A LONG TIME!

The bank account is NOT PROTECTED from garnishment if you             CO-MINGLE exempt funds with NON-EXEMPT FUNDS.

Let's say you have your Social Security and Retirement checks deposited automatically in your bank.

You do a little "side job" or even earn a few dollars part-time and deposit that money in the same account.

You just CO-MINGLED funds and now all of those funds are open for garnishment!

Starting to get the picture?

There are several options on how to deal with a SUMMONS that can prevent all the above, but you have to be PRO-ACTIVE.

In most cases, a STIPULATED AGREEMENT negotiated.

This is a basically an agreement saying as long as you pay such-in-such, the Plaintiff will not apply for garnishments.

The Stipulated Agreement is filed with the court and once it is completed or "satisfied", it is removed.

It is also possible to negotiate a SETTLEMENT for less than the balance claimed in the summons.  

This is usually about 70%-80% of the balance and usually must be paid in a lump sum or in some cases, over a period of time.

To summarize...

If you receive a SUMMONS, you need to take care of it as soon as possible to prevent a judgment and potential garnishment or bank levies.

If you receive a SUMMONS, it usually means you have more debt than you can handle.  We can help:

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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!

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If you have ever received a summons, you know how stressful it can be!

The summons states that you have 30 days (more or less in certain states) to APPEAR and give an ANSWER...

Does that mean you have to go to court?

This will help...

You know that when we apply for a credit card, store card, or an unsecured loan, we are agreeing to repay whatever we charge at certain interest rate and minimum payment.

So what happens if I cannot keep up with the minimum payments?

You will start to get CALLS and LETTERS 

We know that  the credit card industry makes it's billions and billions from interest rates, annual charges, and late or over-the-limit fees

Miss a payment and they go into "over-drive" to try and get you making payments again.

You may get several calls a day (mostly from computer dialers) from the original creditor or from a debt collector who has been assigned your debt or purchased your debt/account.

As long as your account is with the original creditor, they have a right to call.

But, when the account is transferred, sold or assigned to a collection agency, you can put a stop to the calls:

But remember...

Just because the account has been outsourced for collection and you have successfully stopped the persistent and annoying calls, YOU STILL OWE THE DEBT!

There a several options for dealing with this:

• Debt Management (used to be referred to as Credit Counseling)
• Debt Settlement
• Bankruptcy

For more information on each option, click on the link above.

BACK TO OUR MAIN ISSUE...

You either were not aware of your options or just could not take advantage of either of them due to your financial circumstance.

After the creditor fails to get you to start paying again, they may assign your account to a Law Firm that specializes in Debt Collection.

This firm will make the calls and send the letters as before.

You might have to send them the same "Stop the Calls" letter.

If they are unsuccessful in getting you to start making payments again, they may file a COMPLAINT or CLAIM in the county courthouse where you live.

This will result in a SUMMONS being delivered to you.

The SUMMONS states that 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, you have 30 days to file the proper documentation and proof with the court.

If not done within the 30 days, the PLAINTIFF (creditor or collector) may petition the court to be awarded a DEFAULT JUDGMENT.

This may take 2-3 months depending on several factors.

But, after being awarded the JUDGMENT, they can now 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!

Let's say you are bringing home $4,500 each month.

If a WRIT OF GARNISHMENT is sent to your employer, the employer has not choice but to comply with the COURT ORDER and send $1,125 to the creditor/collector per the ORDER!

Yep, that leaves you with only $3,375 to live on!  

WAGE GARNISHMENT IS TERRIBLE and if an alternative payment arrangement cannot be negotiated, you may be forced to seek BANKRUPTCY protection!

OK...

You received the SUMMONS and you know you owe the debt.

Now you understand that you do not have to file any documentation with the court and you DO NOT HAVE TO GO TO COURT.

NOW WHAT????

Many times a SETTLEMENT can be negotiated with the law firm/collector.

If a SETTLEMENT cannot be negotiated, a repayment agreement called a STIPULATED AGREEMENT can be set up.

This STIP is usually filed with the court and it basically says that as long as you make the agreed upon payments on the agreed upon date, they will not move forward with legal options such as WAGE GARNISHMENT or BANK LEVIES.

Once the STIP has been completed, a LETTER OF SATISFACTION is sent to the court.

The JUDGEMENT is removed.

This is supposed to happen, but you have to follow up as many collectors do not do this!

OK...I hope you understand a little more about this process now.

The most important thing you need to take away from this is:

Even though you do not have to go to court (or necessarily file any documents),

YOU CANNOT IGNORE the SUMMONS!

You must be "PRO-ACTIVE" to prevent garnishments, levies or liens.

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