Writ of Summons

[Ablaze]

Friend of mine lost her job a few years back. Bills have piled up. Shes going to file for bankruptcy. She has no car, no money, no property. Two months back she received papers regarding a "Writ of Summons" in regards to a Resolution Conference date/time/room number. This is a credit card company wanting her to pay the bill.

The paperwork says she had 15 days from receiving the papers to file a "Notice of Intention to Defend". She isn't contesting, she just cannot find work and thus cannot pay. She isn't even on unemployment and last year, or the last two I don't remember, hasn't even filed taxes.

Here is where it gets confusing..

The papers say she doesn't have to speak to the plaintiff's attorney and it won't be held against her if she doesn't. Does that mean she doesn't even need to attend this resolution conference? At the same time it also say if she chooses not to speak with the attorney and or doesn't come to terms then the case will be referred to a judge to determine if a trial will be held right then and there or if it will be held another day.

I told her to call a lawyer but they all want money, even the probono ones, just to talk to her about the details.

So here is the question. Since she didn't file her notice of intention to defend.. is anyone even going to show? If she isn't contesting isn't the judge going to pass judgement in the credit card company's favor anyway? I mean, either way, they win. Shes extremely stressed out about the situation and has asked me to go to court with her. I really don't want to take the morning off from work to go to bloody court but shes a neighbor, by herself, and desperate.

I'll consult my tax attorney tomorrow for more advice I just figured I would get some alternative points of view or people whom have dealt with this situation before. This is in Maryland by the way.

 

[TK Doom]

http://thelawdictionary.org/article/answering-a-summons-from-a-credit-card-company/

 

[Ablaze]

Great link. Looks like she won't be going to court unless there are oral examinations.

 

[Muff Daddy]

Tell her to get a job and stand by her obligations. She hasn't had a job for YEARS? Unacceptable unless she has a legit medical reason.

 

[Mr. Mach-ete]

If she's filing bankruptcy she'll need to borrow money to retain a lawyer. Once she starts the process of filing those CC companies, and any other debt collectors, disappear. Most bankruptcy law firms charge $1,500.00 -$2,000.00 for simple personal bankruptcy. Good luck to her, it's tough out there.

 

[HEMIHUNTER]

"Close" friend or just an acquaintance?

 

[Ablaze]

Tell her to get a job and stand by her obligations. She hasn't had a job for YEARS? Unacceptable unless she has a legit medical reason.

She graduated high school, paid her way through college, was laid off during the height of the recession and traveled through 4 different states for work. Shes at a point now where any job she gets would be less than the cost of living. Shes returned back with whats left of her family to file bankruptcy and then start over.

Unacceptable? Okay.

If she's filing bankruptcy she'll need to borrow money to retain a lawyer. Once she starts the process of filing those CC companies, and any other debt collectors, disappear. Most bankruptcy law firms charge $1,500.00 -$2,000.00 for simple personal bankruptcy. Good luck to her, it's tough out there.

Yeah shes working on that now. My wife told her if she gets half, we'll match it. Shes been back and forth to the doctor but shes gotten a lot better. I think shes going to make it, she just took a tumble.

"Close" friend or just an acquaintance?

I'm just trying to help out.

A few years back nearly a quarter of my neighborhood went into foreclosure. A handful of others turned their houses into rentals. Television says everything has gotten better. I'm sure it has, depending where you are. My pay has actually gone up some but the same isn't for everyone. It's terrifying to me the idea of being in that situation. Really turns my stomach.

I would want someone to extend a hand to me and say hey, you'll make it. Trying to do the same for someone else. You never know what tomorrow is going to bring.

 

[01Jes]

Friend of mine lost her job a few years back. Bills have piled up. Shes going to file for bankruptcy. She has no car, no money, no property. Two months back she received papers regarding a "Writ of Summons" in regards to a Resolution Conference date/time/room number. This is a credit card company wanting her to pay the bill.

The paperwork says she had 15 days from receiving the papers to file a "Notice of Intention to Defend". She isn't contesting, she just cannot find work and thus cannot pay. She isn't even on unemployment and last year, or the last two I don't remember, hasn't even filed taxes.

Here is where it gets confusing..

The papers say she doesn't have to speak to the plaintiff's attorney and it won't be held against her if she doesn't. Does that mean she doesn't even need to attend this resolution conference? At the same time it also say if she chooses not to speak with the attorney and or doesn't come to terms then the case will be referred to a judge to determine if a trial will be held right then and there or if it will be held another day.

I told her to call a lawyer but they all want money, even the probono ones, just to talk to her about the details.

So here is the question. Since she didn't file her notice of intention to defend.. is anyone even going to show? If she isn't contesting isn't the judge going to pass judgement in the credit card company's favor anyway? I mean, either way, they win. Shes extremely stressed out about the situation and has asked me to go to court with her. I really don't want to take the morning off from work to go to bloody court but shes a neighbor, by herself, and desperate.

I'll consult my tax attorney tomorrow for more advice I just figured I would get some alternative points of view or people whom have dealt with this situation before. This is in Maryland by the way.

Is she being sued by the original creditor or is it a third party that purchased it? Have they violated any FDCPA laws that your friend can counterclaim. Is there an arbitration clause on the original credit card agreement? She needs to file an answer before they judge awards the plaintiff default judgement. How much is the complaint amount for?