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Sample Answer to Summons

Jul 20

Posted by Rochard Wade in Credit | Comments off

Every day people across the nation are served with credit card lawsuits. Unfortunately only few know how to fight back and win without a lawyer. It is very possible to do if you have the know-how. I was able to! I was able to defeat Capital One and two other collections agencies, and now I’d like to help you do the same.

I’ve put together a package that helps you respond to your lawsuit and go through the whole process step by step. I include an example of a Civil Summons for a credit card debt lawsuit. You might notice that the summons says you only have 20 days to answer or a judgment will be entered against you. First of all, you need to respond. Do not just ignore this lawsuit or they will win by default judgment. Say the junk debt buyer is suing for $15,000 and you fail to answer the summons within those 20 days, then he or she gets it free and clear simply because you did not answer. It all starts with the response.

Using my Defendant’s package you will get a set of detailed step-by-step instructions on how to interpret the documents from your summons as well as how to file them. You can expect explanations for each step of the process from filing the Notice of Appearance to the Discovery stage of a lawsuit, if your lawsuit even makes it that far.

You will get just the facts. Don’t worry about having a whole lot of useless info. Expect letters and real tools that help you in being successful in avoiding judgment and getting those creditors off your back. You can even improve or repair your credit score. You just need the know-how and that’s how I’m here to help.

You may also be wondering if you need to type out your answer to the credit card lawsuit and the answer is yes! You should definitely type out your answer. Most courts assume that you are going to hire an attorney, and if you did hire a attorney all of your responses would be typed out. Do not write out your response in pen because they will likely send it right back to you. Courts require your answer to be typed out in legal format, and keep in mind that this is a lawsuit so what you see on the complaint is what they expect in return – a legally formatted answer. If you do not hire a lawyer and are answering Pro se, then all you need to do is copy the top portion of the Complaint and change the Response title.

In the Defendant’s Package you will also find the Notice of Appearance and Pro Se Answer to Complaint, Affirmative defenses. I provide you with a PDF list of the statute of limitations on open, written, and oral debt for your state. Not only that, but as mentioned before my package walks you through it explaining what each document is and how to use it. This lawsuit is not a lost cause! You can actually win! Now that you have the right resources and can understand your rights, you are a matter of steps closer to winning your case. Many of the documents are formatted in such a way that wherever you need to fill in your personal information (case #, State, Name, etc.) is highlighted in yellow. My site ha more information on how to win your credit card lawsuit and properly answer the summons. Check it out for yourself!

Want to find out more about how to handle a credit card lawsuit, then visit my site on how to answer a summons for credit card debt .

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How To Stop Foreclosure By Filing Chapter 13 Bankruptcy

Oct 9

Posted by W. Alan Alder in Credit | Comments off

by W. Alan Alder

Tennessee is a non-judicial foreclosure state. This means that your house may be foreclosed on without the lender having to go to court. Generally you will receive notice via mail 20 days or more before the scheduled sale date. The sale is performed by a trustee, not the lender.

Filing a Chapter 13 bankruptcy before the scheduled foreclosure sale will automatically stop the sale. When you file a bankruptcy an automatic stay immediately goes into effect. This automatic stay means that all creditor actions against you and your property must stop, including any foreclosure sale. This means that the automatic stay stops or voids any foreclosure sale of your property.

There are several things you will need to do before you may file a Chapter 13 bankruptcy. You will need to have filed your taxes for the most recent year. You will need to provide proof that you filed these taxes to your attorney. A list of all of your creditors with their addresses is also needed. You will also need to provide pay advices for the previous 6 months prior to filing bankruptcy. Finally, a government issued photo ID and proof of your social security number is required.

Chapter 13 differs from Chapter 7 by having a repayment plan. You propose to pay your creditors, including your mortgage lender, in the Chapter 13 Plan. The Plan will always include paying the regular mortgage note plus an amount that will be enough to pay off the arrears over the life of the Plan – up to 60 months.

If property has a lien on it you must pay for that property in a Chapter 13 bankruptcy if you wish to keep it. These debts are called “secured” debts, for example a debt on a car or a mortgage. Debts that have no property attached are called “unsecured” debts. In a Chapter 13 bankruptcy unsecured debts provide more flexibility in payment, you can pay all or nothing and everything in between on these debts – depending on things like the value of all your property and your income level.

Automobiles and certain other property, but not homes, are subject to cram downs. A cram down occurs when a secured debt is “cram downed” to the value of the property that secures the debt. For example, if you owe $25,000 on a vehicle that is worth $10,000 then a cram-down would result in the secured debt being only $10,000 and the remaining $15,000 would be unsecured. There are special rules for accomplishing a cram-down.

Once you propose a Chapter 13 Plan it must be “confirmed” for it to go into effect. Once a Chapter 13 Plan is confirmed the Chapter 13 Trustee begins to distribute your funds to your creditors. You make payments to the Chapter 13 Trustee either directly or through a wage deduction.

Once you have paid into your Chapter 13 Plan as you proposed and completed all payments you will be current on your mortgage. At that time you will resume paying your mortgage directly to the lender. Any unsecured debts that were not paid during the bankruptcy will be “discharged” – meaning creditors cannot take any action to collect the debts.

About the Author:
If you want to stop foreclosure in Clarksville then call Clarksville bankruptcy attorney W. Alan Alder at 1-800-706-7863.

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Credit Repair Attorney: How to Decide if You Need One to Clean up Negative Items

Sep 5

Posted by Ben and Casey in Credit | No Comments

Fixing a bad credit report is not a pleasant experience. There are basically two ways of going about the credit repair process.

Many people believe they can save money by choosing to fix their own credit only to discover the process is much more involved than they expected. This is because they are trying to save a few dollars by going the inexpensive route.

You may discover that repairing bad credit is one of those projects that only appears easy. There is so much to the process including legal research and writing, which is challenging even for credit lawyers at times.

The bottom line is that effective do it yourself credit repair involves legal research in your free time. This takes time. So if you don’t have patience for translating wordy statutes and confusing case laws from around the country, then this might not be for you. But if you are determined enough to plow through the stacks of law books, then you should expect to spend at least a a few Sunday afternoons researching applicable credit laws at your local library.

Assuming you have a little bit of legal knowledge or background as a paralegal or law clerk, then you have to move onto the more important part of credit repair. The next step is to write a coherent and compelling dispute letter. You will need to cite the applicable case law and disputed items.

For example, the credit bureaus are trained to be on the lookout for those people trying do it yourself credit repair. They can easily spot the dispute letters written by amateurs. This can be a problem since credit bureaus are infamous for ignoring badly written dispute letters.

You will need to send your disputes to the bureaus via regular mail . To ensure your dispute receives a proper investigation, you will need to mail the letter via United States Certified Mail.

By now you are probably wishing you had more free time. Waiting in line at the post office every time you dispute a negative item takes quite a bit of patience. Do you have any other activities you could be doing which are more productive?

You will need to be organized, efficient, and comfortable with spreadsheets. For example, you will need a spreadsheet to track the progress of each disputed item. Plus, you will need to give yourself reminders or some type of alert in the event the bureaus or creditors have allowed the proper investigation period to expire.

As you can see credit repair is not a fun experience. There are so many better and more efficient uses of your time. Unless you plan on starting your own credit repair legal practice, then it probably is not worth your time to study and learn the applicable state and federal credit laws.

We raised our credit scores from the upper 500 range to 745 and 763 in under six months and got approved for our dream home. Discover the one rule you must obey in credit repair at www.creditforcouples.com and get the actual truth about avoiding lexingtonlaw.com credit repair.

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