What is a summons?

October 26, 2009 by Todd Murray · Leave a Comment 

A summons is a notice that comes with a lawsuit. The purpose of a summons is to notify you of the lawsuit and to let you know how long you have to respond to it. In Minnesota, this is what it says on a summons:

YOU ARE HEREBY SUMMONED and required to serve upon plaintiff’s attorney an Answer to the Complaint which is herewith served upon you within Twenty (20) days after the service of this Summons upon you, exclusive of the day of such service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint.

That’s about as clear as mud. What it really means is this:

YOU HAVE BEEN SUED. The papers in your hands are a lawsuit. You must answer the lawsuit within 20 days. The day you were served does not count toward the 20 days. If you don’t answer the complaint within 20 days, the other side will win automatically without a judge ever seeing the case.

If it were up to me, the summons would also explain that an answer is a formal document that admits or denies the allegations in the complaint. And that an answer must be in writing and merely calling the plaintiff’s attorney is not an answer. And if you don’t know how to answer a complaint, you should talk to a lawyer right away. Unfortunately, though, I’m not in charge. So this article will have to suffice.

If you live in Minnesota and want help answering a debt collection lawsuit, feel free to contact me by using the contact form in the upper right corner of this page. I offer a number of flexible representation options, so even if you can only afford to pay a few hundred dollars, I might be able to help you.

Why you must answer a debt collection lawsuit

August 27, 2009 by Todd Murray · Leave a Comment 

So you’ve been served with a debt collection lawsuit and don’t know what to do? The first step is to answer the lawsuit in a timely manner. In Minnesota, for example, you must answer the lawsuit within 20 days of being served. Other states may have different deadlines. Check with a consumer lawyer in your area if you are unsure. This post will walk you through the process of answering the lawsuit.

If you don’t answer the lawsuit within the required time, it is likely that a default judgment will be entered against you. In most states, including Minnesota, this means that the court will enter a final judgment against you based on your failure to answer the complaint, not the merits of the debt collector’s case. You will not get a chance to be heard at a hearing and in most cases a judge won’t even review your case.

Even if you believe you owe the debt, you are entitled to answer the lawsuit and force the creditor to prove its case. Remember, the creditor has the burden of proof and must prove that you agreed to be liable for the account and that you owe the precise amount of money they are seeking. This is even more important when the creditor in your case is a debt buyer.

A debt buyer is a business that purchases delinquent accounts from the original creditor and then sues consumers to collect the debts. Because the debt buyer did not originate the debt, it must rely on the original creditor to provide it with evidence to prove its case. In some cases, the original creditor doesn’t provide the debt buyer with any evidence of the debt. And when the original creditor does provide evidence, it often is just a single billing statement that was generated long after the account became delinquent. Even though they often have insufficient evidence to prove their case, debt buyers still sue out thousands of cases every month because they know that most people won’t respond to the lawsuit. Somewhere in the neighborhood of 90% of collection lawsuits proceed by default and result in judgments being entered against consumers without the creditor having to prove its case.  This basic premise is why collecting purchased debt is a thriving sub-industry. Debt buyers know that they can obtain thousands of judgments without having to produce a single piece of evidence.

S0 if you are served with a collection lawsuit, you need to answer it in a timely manner. This will force the creditor to prove its case. Sometimes they can’t, particularly if the creditor is a debt buyer.

If you live in Minnesota and want help answering a debt collection lawsuit, feel free to contact me by using the contact form in the upper right corner of this page. I offer a number of flexible representation options, so even if you can only afford to pay a few hundred dollars, I might be able to help you.