Legal Question in Credit and Debt Law in Wisconsin
collections summons
I have been served a summons on a credit card account that I have not been able to pay. The summons was served to my mother's house, where I have not lived for over 9 years. I don't know where the agency got that address, but I currently am a resident of a different state than where I am to appear in court. I would like to settle the debt out of court, but if an agreement can't be made, can I have the case moved to a local court, or will I have to go back to my former home state?
1 Answer from Attorneys
Re: collections summons
It is possible, in most states, to enter a special appearance solely to contest the validity of service. The larger question to ask yourself, however, is whether or not you have structural financial problems which go beyond this particular collection case. Fending off collections one at a time, as opposed to dealing with all of them at once, is an exhausting process. Your expense and stress is apt to be far higher than the pursuit of one solution for all the collections.
At minimum, such a solution should included debt counseling with a reputable, non-profit agency, such as your local Consumer Credit Counseling office. Good agencies will charge only a nominal charge for setup which is generally less than $50.00, together with a commission on the funds which they disburse. Many agencies which charge hefty up front fees are little more than scams.
A credit counseling agency will also tell you whether or not it may be time for you to consult with a bankruptcy lawyer. Feel free to send a private email for free educational materials on that option.
Jay K. Nixon