Legal Question in Credit and Debt Law in California
Received a Summons
I received a summons for money owed on an old credir card account. I contacted the law firm handling the case and have arranged payment with them. Do I still need to respond to the summons? If so, what do I need to send to the court?
Thanks!
4 Answers from Attorneys
Re: Received a Summons
Yes, and be very careful. you need to get everyghing in writing and the written document needs to state that the case will be dismissed once you make the final payment. It sounds to me like you are being set up for a default judgment.
Re: Received a Summons
The law firm should provide you with a written settlement agreement, and a stipulation for entry of judgment that the firm will hold if you make timely and full payment. Usually, if the person doesn't fully pay, then they could enter judgment without further notice. You might want to have a lawyer review whatever documents you receive. Get any agreement -- even more time to file an answer -- in writing from the lawyer.
Re: Received a Summons
You should have a settlement agreement in writing that includes a dismissal of the lawsuit. Be very careful in dealing with this law firm. If you need assistance, please contact my office for a consultation.
Re: Received a Summons
Make sure that you get a written settlement agreement from them stating that if you pay amount according to payment terms that they will dismiss lawsuit without prejudice and that they will instruct their client to mark the account as either paid in full or settled in full.
make sure they do not back door you and enter judgment. easy to set aside on those grounds but try to avoid the hassle.