Legal Question in Credit and Debt Law in Washington

Civil Lawsuit

I have been served a summons for a lawsuit regarding a collection account. I tried making payment arrangements with the collection agency, but they would not except less than $450 a month and that is impossible for me. They did not include a response form with this summons, what is the proper way for me to respond?


Asked on 1/17/07, 9:38 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Civil Lawsuit

Look closely - you have been served with two documents. The first is the summons that very carefully describes what you must do to respond and avoid a default, and the second is the complaint, where the plaintiff spells out what you have done that creates liability on your part.

They are not obligated to supply the response form. You must file your response with the court and get a copy to the plaintiff's attorney no more than 20 days (and the weekends count) after you received these documents.

How much is the plaintiff claiming that you owe? IS that accurate?

Not to scare you, but if the allegations in the complaint are true, then the plaintiff will probably eventually get a judgment against you.

Judgments accrue interest at 12% per annum and there is no way to make payment arrangements. Once they have a judgment they can garnish your wages or seize your property, including your non-exempt assets and in truly dire cases, sell your house to pay the debt.

If your personal financial circumstances are such that you cannot pay this bill, please contact bankruptcy counsel for a consultation to determine if you qualify and if this would assist you.

Sorry to bring bad news, but hope this helps - Powell

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Answered on 1/18/07, 12:17 am


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