Asked over 1 year ago - Woonsocket, RI
Flagi defaulted on a sear's card. i received a summons with no court date&sent a debt validation letter. this was in june 2010. in oct.2011 i received a letter saying they're trying to get a default judgement. 3 days ago i received a certificate of service. i don't know what to do.
In most states, when you receive a summons and complaint, you won't usually have a court date of any kind set. You still are required to respond to the allegations in the complaint within the time allotted by law (20 days in most states). If you didn't, the creditor is likely entitled to a default judgment.
I recommend that you take what you've received and sit down with a consumer protection attorney in your area to determine your options. You may be able to avoid a default judgment, set up some kind of settlement, or determine that bankruptcy is the best option for you. It's hard to know what would be best without seeing what exactly is going on in your situation.
Good luck.
If you receive a summons, any kind of summons, there are likely instructions on it, as in: must file an Answer within X number of days. Read yours carefully. You may be too late.
Bottom line: get all of your documents together, read them, and get yourself to an attorney right away. Simultaneously, I would call the one trying to collect for Sears. Tell them the papers that you have and ask what else has been filed with the Court. Get them all. Having sat in their position previously, they will be much more willing and able to work with you if you are proactive and responsive to them and can propose a reasonable solution.
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary
