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How to respd to summons to buy time Washington

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  • How to respd to summons to buy time Washington

    Getting stuff together for B/R filing in few weeks. Was served with summons for valid debt. I must respond within 20 day to avoid default judgement but don't know what to say in the letter. I don't even know where to start. What do I say?

  • #2
    There should have been instructions with the summons as how to answer - you just answer truthfully. (Usually you admit to the debt, deny the debt, indicate you are not sure the debt is valid - whatever the truth is)

    If you have a defense, you put that in the summons. If you need help on how to file an answer to the summons, the court clerk will normally help you (give you general instructions) but they CANNOT tell you what to answer (cannot help you with the answer).
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      Wouldn't just admittng to the debt just allow them to get the judgement even faster and start garnishing before BR can be filed?

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      • #4
        They (creditor) have to go to court before they can get a judgment. After debtor replys to the summons (answers the summons), a court date will be set. If the summons isn't replied to (answered) in time limit allowed, a default judgment will be awarded to the creditor.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          Do I say something along the lines of "In reply to your summons served to me on July 30. My defense is the debt is valid"?
          Thanks you for your help btw.

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          • #6
            That would not be a defense. That would be admitting to the debt. A defense (when you have one) would be for example the debt is not mine, I paid this debt, I don't remember having this debt, the SOL has elapsed - things on that order.

            If/when you don't have a defense & the debt is valid - you don't put a defense. You answer truthfully re the debt. (ie admit to the debt)

            Many people who have a valid debt & no defense, will try not to go to court. They will call the creditor/collection agcy. & try to set up a payment plan. You have to either answer the summons (admit is a valid debt) & go to court on the court date or pay off the debt/set up a payment plan prior to going to court.

            Since you are considering bankruptcy, you might want to get the assistance of a bankruptcy attorney to help you with all this. Talk about your options. You may not want to call to set up a payment plan in your case but answer the summons & get a court date since you are trying to buy some time.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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            • #7
              That's the kicker. I have went to the consultation for the BR. I have hired them. I can't get anyone to call me back, not even a paralegal. I tried again and got the other attourney I didn't talk to at the consult. She was with a client and couldn't talk. I then tried the extension of the one I did talk to and left another message. I'm so frustrated.
              Does it matter how it's worded?

              How do I word the defense or does it not matter? Is the response itself the most important thing?

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              • #8
                Correct - the response (answer) to the summons in the time limit allowed is the most important thing - not so much as to how it is worded. "If" you had a defense, then you would want to word it to include the defense though.

                As I noted previously, a court clerk will generally help you with how to answer a summons. They can't tell you what to put in the summons though (give you legal advice).
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                • #9
                  What I did was wrote a simple letter saying that we disputed the debt on the summons. I included the the date the summons was served and the date of my letter. I am sending certified-return receipt requested to both the law office and the Superior Court. Hope that will suffice. Does that sound okay?

                  My lawyers office never did call back

                  Thank you so much for your advice!

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                  • #10
                    Yes, that sounds ok if that is what you did - disputed the debt.

                    Hopefully your lawyer will call you back. Otherwise, keeping trying their office.

                    Good luck.
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                    Comment


                    • #11
                      Thanks again for your help!

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                      • #12
                        You're very welcome.
                        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                        Comment

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