served summons today

[ronss]

What is the name of your state (only U.S. law)? az

i have been served summons, being sued (plaintiff-dell financial services) ....and are represented by a DL ARIZONA LAW FIRM.....IN THE DREAMY DRAW JUSTICE COURT.

problem- i was out of work for 1 yr, from nov 09, till aug, 10....received unemplyment for 5 months....did work at one place for 2 months between the 2 dates....otherwise,,,,its been almost a year since in made payments, and i have sent a letter to this law firm last month that i might be able to start making payments in june...but its too late

what do i now do, i believe i have to go to the clerk of court, and fill out a answer letter???//also, do i send the attorney a debt valadation letter....???

 

[cosine]

Your next step is to answer the summons.

Keep in mind that this case is NOT about whether you can pay or not, or when you can pay. In rare instances a judge may consider that information. But, the case is about whether you actually do owe the money, and have not paid. It is about whether to grant further legal rights to the plaintiff to collect what is owed to them through additional means, whatever is legal in Arizona. That can include garnishment of wages, bank accounts, and seizure of certain property.

If you believe it is a hardship to be forced to pay this amount, then your next step is to consider Chapter 7 Bankruptcy.

If you believe it is a hardship to be forced to pay this amount at this time, but likely can at a different payment rate or at a different later time, then your next step is to consider Chapter 13 Bankruptcy.

If you feel you do not actually owe this debt (being unable to pay does not make it not owed unless and until a bankruptcy court discharges it), then disputing and challenging this in court is your next step (starting with answering the summons with a general and specific denial).

So which is it for you? Tell us which and further responses could focus better on that.

 

[ronss]

Your next step is to answer the summons.

Keep in mind that this case is NOT about whether you can pay or not, or when you can pay. In rare instances a judge may consider that information. But, the case is about whether you actually do owe the money, and have not paid. It is about whether to grant further legal rights to the plaintiff to collect what is owed to them through additional means, whatever is legal in Arizona. That can include garnishment of wages, bank accounts, and seizure of certain property.

If you believe it is a hardship to be forced to pay this amount, then your next step is to consider Chapter 7 Bankruptcy.

If you believe it is a hardship to be forced to pay this amount at this time, but likely can at a different payment rate or at a different later time, then your next step is to consider Chapter 13 Bankruptcy.

If you feel you do not actually owe this debt (being unable to pay does not make it not owed unless and until a bankruptcy court discharges it), then disputing and challenging this in court is your next step (starting with answering the summons with a general and specific denial).

So which is it for you? Tell us which and further responses could focus better on that.

with any option...would not an answer letter be needed, so they cannot get an automatic judgement against me.

 

[cosine]

with any option...would not an answer letter be needed, so they cannot get an automatic judgement against me.

Yes, you should send an answer letter with general denial at a minimum, even if you will be filing for bankruptcy. You would include them as a creditor and cite the case in the bankruptcy filing and notify them about it at that time.