HELP needed with a SUMMONS received today.

[ScottX]

What is the name of your state? New York.

Forgive me if questions like mine have been covered here before, but a quick search through the forums didn't yield exactly what I was looking for.

I was served at my home with a "summons" today, one dated April 6, saying I have 30 days to answer. I have an outstanding balance of $865.95 on an old (4 years?) credit card I had gotten from PROVIDIAN. It says I am required to appear in my city court, yet it does NOT give any other pertinent info -- date, time, etc. It has the requisite file number and "We are attempting to collect a debt..." speil at the bottom of the first page, along with "THIS COMMUNICATION IS FROM A DEBT COLLECTOR." The second page essentially details the complaint, saying that the plaintiff -- Providian -- demands judgment against me and then gives an address/phone number for the "Attorneys" for the plaintiff.

My question is -- is this an actual summons, or the "bluff" summons I've heard some people talk about? What, exactly, should be my next step? I've called the number provided and left a message, as it was after business hours, so I'll discuss this further with them tomorrow, but I'm wondering exactly what I should know before doing so. I'm more than willing to make payment arrangements (they apparently had an old address/phone number of mine on file, not my current one), but what, if anything, should I know before going ahead and telling them that?

And I'm really confused about the court thing -- do I just waltz into city court and show someone there the summons? I'm not trying to be flip, I just find this whole thing a little strange.

Any help/advice anyone can give would be appreciated.

 

[upontheventura]

Seems totally fishy. Were you served by someone or was this in the mail? If this was mailed it is just a collection letter. But keep in mind, I received a letter from a lawyer(old Providian account owned by a collection agency) and they gave me 30 days to respond"to ask for verification", I didn't respond and they immediately sued AFTER the 30 days (They could not find me to serve me though, and now I make payments to the lawyer).

 

[ScottX]

Thanks, and it did indeed seem fishy to me, too. I was served by someone and I was so rattled at the time that I didn't think to ask for identification, or who he represented. I called my city court today and the clerk there was extremely knowledgeable and helpful -- to make a long story short, she explained exactly what was going on, that it wasn't an actual summons and that the collector hasen't sued me yet but may, and told me what to do from there. In fact, she was quite familiar with both the collector and the "summons," which is a scare tactic designed to get me to contact them.

However, it's a scare tactic with some spine to it, because I had to respond within 10 days or else the "attorneys" MAY have then decided to pursue a judgment against me. So I have responded, both in writing (registered letter) and on the phone, and the collectors are willing to work with me, so all's well that end's well.

I'm just glad I kept my cool and didn't jump to conclusions. I can't imagine what getting something like that summons must do to people who aren't aware of exactly what it is, or don't have a court system able or willing to help them out.