Quick Answer: When enrolled in a debt settlement program, receiving a civil summons requires immediate consultation with an attorney to avoid a default judgment. The debtor should respond to the summons promptly to either negotiate a settlement or defend the case in court.
“Dear Jeremy,
I am in a debt settlement program. With my budget i am only able to afford $500.00 a month. Over 35,000.00 in debt.They have spoken to all my creditors and have settled with some of them. The rest of them turned me into collection agency’s. I just received a civil summons from 1 of my creditors.
What do i need to do with the civil summons? Any advice will be appreciated.
Each weekday I send one short email: one money story that caught my attention, why it might matter to you, and one manageable thing you can do with it. A couple of minutes, and a dad joke.
In the latest issue (Oct 15): The ones who need the Social Security raise the most keep the least of it
Free. I sell nothing. Unsubscribe any time.
Isadore”
The Daily Money Brief — Free, at 10 AM
Money you may be owed, scams to dodge, and the fine print decoded — the consumer money news that affects your wallet, every weekday.
Dear Isadore,
When you receive a summons that is the time to talk to an attorney. The risk in not properly responding to a summons is that the creditor can get a default judgment. Thus, it is usually in your best interest to respond and either work out a settlement or try to win the case.
Jeremy Golden, Esq. is one of the resident debt experts here at GetOutOfDebt.org that helps people for free. Jeremy is a consumer rights attorney licensed to practice in California. He represents individuals in cases against debt collectors for violations of the FDCPA. He also focuses on defending people in collection cases who have been sued by their creditors or debt- buyers. In the last five years he has won at trial or obtained a dismissal in over 200 collection cases. Recently he was voted one of San Diego’s Top Attorneys in the field of Consumer Law by SDMetro Magazine. His website is goldencardona.com
Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.
If you have a debt collector question you’d like to ask just use the online form.
Facing a Similar Situation? You’re not alone — and you have more options than you think. Start with the all your debt relief options page to see what’s realistic, or take the 2-minute bankruptcy quiz if the debt feels unmanageable. Federal Reserve research shows filers recover faster than those who don’t file. If a company is involved, run them through the Scam-O-Meter first.
