Legal Question in Credit and Debt Law in Washington

court summons from a collection agency

i was served a court summons for an unpaid debt to a collection agency. it says that i have 20 days to state my defense in writing, filing the original with the clerk of the court, and to serve a copy upon the person signing the summons, or default judgment may be entered against me. i cannot afford a lawyer and have never had to respond to something like this so i have no idea on how to go about taking care of this. how do i take care of this so i don't end up paying more money if a default judgment is entered against me? also, a default judgment was entered against me in another case when i wasn't served any papers. what are my legal rights in this case, do i owe the original debt or am i required to pay the default judgment that was entered against me without any knowledge of a summons against me? thanx a lot for your help!


Asked on 5/11/99, 5:07 am

1 Answer from Attorneys
Susan Freiman The Legal Clinic

Re: court summons from a collection agency

You can prepare an answer by yourself. The best practice is to track the complaint, paragraph by paragraph, saying what you admit, what you don't know (and demanding the plaintiff prove everything you don't know to be true) and denying what's not true. Add any additional information which shows you do not owe the amount claimed - if you paid the debt or any part of it, attach copies of receipts, cancelled checks.

Be sure to type your answer - no one likes reading handwriting.

Be sure to say that you are preparing the answer yourself, since you cannot afford a lawyer.

Regarding the default judgment: You must apply to the court as soon as possible for an order vacating the default judgment on the grounds that you never received notice of the case. You must add that you have a defense to the claim, and you must explain what your defense is.

If you cannot afford a lawyer, go to Legal Aid. Perhaps the people at the courthouse can help you find it. Most bar associations also have panels of lawyers who are willing to work for reduced fees.

Good luck!

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Answered on 5/19/99, 3:43 pm


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