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Received Summons - PLEASE HELP  
Old 10-11-2008, 02:39 PM   #1
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Hello - I am new here and desperately seeking advice. I received a summons today from Garbus & Garbus today for $3,000. They are representing Atlantic Credit who purchased the debt from HSBC. Earlier this week I had sent a certified letter to Garbus asking for proof of the debt. Now the lawsuit says I have less than a month to respond or have a judgement put upon me. What happens next? Should I send the court a copy of the letter I sent to Garbus asking for proof of the debt? I know I may owe some of this as I went through a tough medical time however I think the amount sounds high? From what I've heard they place a lien on your bank account. Can anyone help me with the right path to take here? My credit is shot because of all my medical bills so I would not even be able to get a loan if they proved this debt. Has anyone dealt with them? Thanks for any guidance you can provide.
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Re: Received Summons - PLEASE HELP  
Old 10-11-2008, 04:24 PM   #2
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You need to answer the summons and they need a judgement to get into your bank account.
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Re: Received Summons - PLEASE HELP  
Old 10-11-2008, 05:01 PM   #3
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Will requesting proof of the debt buy me some time here? If they do get a judgment can they take all money from your bank or just a portion at a time?
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Re: Received Summons - PLEASE HELP  
Old 10-11-2008, 11:31 PM   #4
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A lawsuit has been filed. Follow the instructions on the summons. Read with great specificity your local Rules of Civil Procedure.

In general, you need to file an answer to the complaint. If your local rules allow, if before filing an answer, engage in Discovery.

When was the last payment made on this account?

If you currently have a substantial balance in your checking or other accounts, I would withdraw them to a minimum amount.

Are you married? Are you head of household? What state are you in?

Does the HSBC credit card agreement have a Choice of Law Provision?
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Re: Received Summons - PLEASE HELP  
Old 10-12-2008, 08:01 AM   #5
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Originally Posted by Enigma View Post
A lawsuit has been filed. Follow the instructions on the summons. Read with great specificity your local Rules of Civil Procedure.

In general, you need to file an answer to the complaint. If your local rules allow, if before filing an answer, engage in Discovery.

How do I do this?

When was the last payment made on this account?

Don't know for sure, somewhere in mid 2007

If you currently have a substantial balance in your checking or other accounts, I would withdraw them to a minimum amount. I don't have to do this until/if I lose the lawsuit, correct?

Are you married? YesAre you head of household? Assume so? File as married/joint, primary wage earner. What state are you in? NJ

Does the HSBC credit card agreement have a Choice of Law Provision?I don't know
Is there any leg to stand on that the amount is questionable since the account was written off by HSBC, then sold to a collection agency that is suing the full balance? Thanks for your help. I'm truly lost here which I know is just what the collectors want me to be.

Last edited by steadyd; 10-12-2008 at 08:03 AM.
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Re: Received Summons - PLEASE HELP  
Old 10-12-2008, 12:25 PM   #6
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Why wouldn't the collection agency sue for the full balance? That's what you owe. The fact that it was written off is an accounting treatment by the original creditor. Any deal that they made with another party does not affect the amount you owe.

I would think that they would be suing for more, probably adding on attorney's fees and any allowable interest.
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Re: Received Summons - PLEASE HELP  
Old 10-12-2008, 12:25 PM   #7
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Is there any leg to stand on that the amount is questionable since the account was written off by HSBC, then sold to a collection agency that is suing the full balance? Thanks for your help. I'm truly lost here which I know is just what the collectors want me to be.
You must type up an answer that meets your local rules of civil procedure.

It may :

1. Have to be notarized.
2.Have the original sent to the court clerk along with an affidavit of service , which also has to be notarized.There may be other requirements.I just found out yesterday that I may have been required to send a Frivolous lawsuit Certification that has to be notarized and sent in with the answer to both the plaintiff's lawyer and the court clerk.I failed to do this when I sent in my answer and I'm hoping that I'll still be able to do it.
3.Send in a copy of the answer to the plaintiff's lawyer via CMRRR.
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