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need advise on my summons/court issue


wdeydwondrer
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ok, i have an old college loan that got traded so many times that i never received notice of the bill and forgot about it. i'm not arguing that i don't owe it.

 

anyways, the attorney for the bank put in a summons for court apearance on the loan amount. in the certified letter i got the summons w/ court date like usual, and the copies of the promisary note (loan) that i had signed which is standard.

 

the problem here is that the promisary note isn't mine, it's someone elses w/ their social number on it. i looked up my docet on the court system and my case was mailed out letters, so i'm worried about where my social number is!!!!

 

do i have a possible case against the attorney that sent these letters out to who knows where? this has to be a breach of confidentiality at the minimum... i'm worried now that this could affect me far more than a tiny little loan that had disapeared for so long.

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My advice is to set yourself on fire. They won't want to prosecute you when you're on fire, since they know all you have to do is hug them, and they catch on fire too.

 

Plus, they'll throw away anything they could ever use against you when they realize how awesome it is to roast marshmallows from a man on fire.

 

Or, if you're too chicken to try it, go to the summons, see what happens, and talk with a lawyer.

Edited by brandon
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My advice is to set yourself on fire. They won't want to prosecute you when you're on fire, since they know all you have to do is hug them, and they catch on fire too.

 

Plus, they'll throw away anything they could ever use against you when they realize how awesome it is to roast marshmallows from a man on fire.

 

Or, if you're too chicken to try it, go to the summons, see what happens, and talk with a lawyer.

 

:rofl2:

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Go to court.

 

If you don't they will simply judge against you, and demand payment in full.

 

If you do go you will at least be afforded the opportunity to make payments.

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IMO you have grounds to have that case thrown out of court, if they do not have the correct details then they can not have the right person, technically speaking anyway.

Definitely go to the hearing, but use this as an example to explain the confusion, and why you presumably have had no correspondence from them over this as they are using incorrect details, so it would appear to be their fault for a large part, but also explain you have no issue with the money etc and accept all that, and have no intentions of not honouring the agreement, but as they had been getting the correspondence incorrect you never knew where you stood, then take the aside and make an arrangement to avoid a further court hearing and stick to it, hopefully it will turn out right in the long run.

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ok, so i may not have a case against them for sending out my SS number to who knows where.

 

that aside, i was pretty sure that i could have the case dismissed for the time being as the summons couldn't prove that it was indeed me that they wanted to summon.

 

my biggest issue right now though is that i'm in louisiana and the summons is in ohio and there's no way i can go there.

 

the summons saysthat i have 28 days to serve an answer to the complaint to the attorney/plantiff. does this mean that i could pay them and stay out of court?

 

edit>> and i'm not worried about my credit at this point, i've done plenty of damage to it already and have now enrolled in a debt program to work through it. beyond bankruptcy, i can't hurt it much more than it already is. i'm shoting at a 3 year target date now to be debt free and rebuilding credit w/ the help of this agency.

Edited by wdeydwondrer
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Contact the company handling the debt and make payment arrangements. They would like to avoid going to court as much as you.

 

I am sure they have made numerous attempts to contact you and make arrangements, and even warned that they would proceed to court. The bill just gets larger and larger and larger the longer you avoid them, and there will be court costs added in if you don't head it off at the pass now.

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before this summons, i had received 1 letter in the last 3 years on this account.

 

i did manage to contact my "case worker" though and he said that the program i'm enrolling in will mail out cease and desist letters to all my debtors notifying them of my pending payments to all parties. he told me that this should take care of the summons.

 

should i still make a call in myself, or just let them handle this?

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thanks

 

i'm just losing my mind trying to get a grip on this debt problem i've buried myself into. parents won't even listen to me when i told them it's taking a tole on me.

 

i mean i realize it's my fualt and all, but that doesn't make it any less rough to go through..... ARGGGGG

 

summons thing just topled me over in half

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thanks

 

i'm just losing my mind trying to get a grip on this debt problem i've buried myself into. parents won't even listen to me when i told them it's taking a tole on me.

 

i mean i realize it's my fualt and all, but that doesn't make it any less rough to go through..... ARGGGGG

 

summons thing just topled me over in half

 

It doesn't last for ever. It is hard for sure. Especially these days, but hang in there, do the best you can, that is all you can do.

 

Learn from the experience, then move on.

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