How Do I Answer A Summons

I have a personal debt that was charged off. My credit report shows nothing is owing on the debt. The other day (Jan 27th) I received a summons from an Attorney regarding this debt. I have been working with a credit restoration company. They told me that because my credit report shows the debt has a zero balance the Attorney has no grounds to file the summons and is actually committing fraud by trying to collect on it. The summons says that not only do I owe the debt, but I never responded to any of the Attorney's attempts at contacting me. This is completely untrue. The company working on restoring my credit sent the Attorney 2 separate communications regarding the debt. I have until Feb 27th to "answer" the summons. I cannot afford an attorney. I was thinking I could just write the court explaining that I have responded to the Attorneys on 2 separate occasions (provide attachments) and also mention that according to my credit report there is no longer a balance on!
the loan (provide a copy of my credit report). How should I do this? Should I also mention that the attorney is committing fraud by trying to collect on a loan with no balance? Thank you

[annjd]

See Answering a complaint and summons - WORLD Law Direct


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Originally Posted by MIGBUS901 I have a personal debt that was charged off. My credit report shows nothing is owing on the debt. The other day (Jan 27th) I received a summons from an Attorney regarding this debt. I have been working with a credit restoration company. They told me that because my credit report shows the debt has a zero balance the Attorney has no grounds to file the summons and is actually committing fraud by trying to collect on it. The summons says that not only do I owe the debt, but I never responded to any of the Attorney's attempts at contacting me. This is completely untrue. The company working on restoring my credit sent the Attorney 2 separate communications regarding the debt. I have until Feb 27th to "answer" the summons. I cannot afford an attorney. I was thinking I could just write the court explaining that I have responded to the Attorneys on 2 separate occasions (provide attachments) and also mention that according to my credit report there is no longer a balance on! the loan (provide a copy of my credit report). How should I do this? Should I also mention that the attorney is committing fraud by trying to collect on a loan with no balance? Thank you

Is it proven this actually IS an attorney? If not, he's in a heap big trouble.

Get an attorney who specializes in Consumer Protection. This "attorney" has violated so many FDCPA it's not even funny.

With the help of an attorney, you'll be walking out of court with money in YOUR pocket. Not the other way around.

They can still sue you even after it's off your credit report if you live in a state with a lengthy statute of limitations.

[annjd]

It may be too old -- See debts and judgments: Debts and judgments - WORLD Law Direct

deny deny deny...

I have to answer a summons and I have not idea what questions I have to answer. I am curently in a modifacation but still have to answer to the summons. I need help in trying to figure out where these questions are at that I have to answer. Brian, Illinois

[Friend In Court]

Originally Posted by bweigs I have to answer a summons and I have not idea what questions I have to answer. I am curently in a modifacation but still have to answer to the summons. I need help in trying to figure out where these questions are at that I have to answer. Brian, Illinois

The summons means you are being sued presumably for foreclosure since you mentioned modification. That is a tactic being used by unscrupulous lenders -- to promise modification then go ahead and foreclose anyway. Being honest, your only chance of defeating the foreclosure is to have a knowledgeable attorney representing you who can put up the proper defenses, force discovery on your underlying documents, prove predatory lending or fraud in your mortgage and/or mistakes in the calaculations for your mortgage -- then put up the legal defenses to defeat the mortgage and save your home.

There have been a few landmark decisions, one in particular out of the Supreme Court of Massachusetts that if the lender cannot produce the original note and documents, they are not allowed to foreclose or even collect on the mortgage. And another that if there is a discrepancy in what they collected, as small as $35, the entire loan was voided and the person got the house free and clear of the mortgage.

You need legal representation right away! If the summons is not answered and defenses put up within 20 days, the lender can go for default and you are out! From your question you are not prepared to go in by yourself and defend this lawsuit. Get an attorney who does foreclosure defense is my best advice.