What to expect in court for a summons of non payment on a secured loan

Asked about 3 years ago - Crossville, TN

I was summons to civil court for not keeping up with payments from regional finance on a $3,000.00 loan.

Attorney answers (3)

  1. Dorothy G Bunce

    Pro

    Contributor Level 20

    Answered . Did you file an Answer with the Court? Do you understand that "can't afford to pay" doesn't constitute a legal defense to a collection lawsuit? Are you familiar with your legal defenses to this lawsuit?

    When going to court, the most important thing is to be prepared. Cancelled checks, receipts, other proof of payments should be available to submit to the court.

    Hope this perspective helps!

  2. Michael James Wang

    Contributor Level 13

    Answered . See my response to your other question.

  3. Theodore Lyons Araujo

    Pro

    Contributor Level 20

    Answered . The first thing you need to do if and when you get sued is file an Answer. The summons will tell you that you must “appear” by way of an Answer in 10, 20 or 30 days, “depending on the method of service.”

    PLEASE CHECK THE LAW IN YOUR STATE AS YOU MAY ACTUALLY HAVE TO APPEAR IN COURT, AS IN VIRGINIA, IN ORDER TO AVOID A DEFAULT!

    You need a lawyer, but if you cannot afford one right away, rather then do nothing and have a judgment entered against you, is to “appear” by filing something!

    Many people think this means they have to go to Court and this is incorrect. 90% of all lawsuits end in Default Judgments because the defendant (person getting sued) did not file an Answer.

    I recommend you go to the free form I have on my website. Print it out and fill it out as instructed. You must answer the numbered paragraphs on the Complaint by writing them into the appropriate lines in the Answer. The Answer will allow you to preserve your rights and will prohibit a default judgment (i.e. you did not show up) from being entered against you.

    Mimic the paperwork you got when you got sued. Answer all the paragraphs of the Complaint by writing the numbers in lines 1, 2 or 3.

    Almost 100% of attorneys will deny what is owed because they did not do the calculations and do not know what the basis for the number is…

    When you file the Answer that is your “not guilty”. You have the right to make the person suing you (Plaintiff) prove their case, but you must also answer the complaint truthfully.

    Make sure you fill in the name and address of the attorney suing you before you bring this paperwork to the Court. Mail it to the attorney suing you right away!

    Check out the guide I have drafted on the Avvo profile. This will provide more detailed instructions. If it is helpful remember to indicate that and get the guide read!

    Good Luck!

    REQUEST: Please give this answer a "thumbs up"(below) if you find it valuable.

    Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and... more

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