Last Updated: May 26, 2022
If you have unpaid debt and are getting phone calls, eventually, you may get one of two letters. One is a demand letter and the other is a summons. both letters require action because your financial well being may depend on it. If it is a summons, you may end up with a legal decision against you. Let's talk about each and how to handle them.
But first, a disclaimer: Pacific Debt is not a law firm and cannot provide legal advice. The information shared here is for informational purposes and if you have a legal situation, we recommend that you speak with an attorney in your state of residence.
In this section, we will look at each type of letter and what you need to do to take action or to protect yourself. Your first step is to NOT ignore the letter!
A demand letter is formal notice that your creditor is considering legal action. It may come from an attorney or from the creditor. There will be a demand for action, such as repaying your debt or a requested payment. A demand for payment letter will most likely include a threat of legal action.
You may receive a demand letter because you owe money or an obligation (such as a completed job), or you are at-fault for an action. You may become a party in a lawsuit. This letter may mean that the creditor is considering suing you for your unpaid debt. The creditor, or other party, is legally not allowed to send a demand letter as a threat. They must be seriously considering legal action. Because of this, do not ignore the demand letter!
Whether your letter is entitled a demand letter, a demand for payment letter or a demand letter for payment, they are in most cases all the same thing. Someone believes that you owe them money and they are considering taking you to court.
Below is a sample demand letter. It may be from a collector, creditor, or lawyer. While the form may vary, the information within the letter will be very similar to the demand for payment letter sample below.
Once you have verified the information, respond in a timely manner in writing. If you dispute any of the information in the letter, you will respond in writing to explain why the information is incorrect and if you have documentation to support your claims, send copies. DO NOT send the actual documents.
Your polite answer should contain the following:
In your response letter, DO NOT make the following statements:
Keep copies of everything you send and everything you receive, including a phone log of who, when, and why they called.
If your debt is older and approaching your state's statutes of limitation, a promise to pay may reset the statute clock. Lying, threats, profanity, and admission of responsibility will be used against you if you end up in a court case.
A
summons letter is a legal notice that you are being sued in, usually, small claims court and you must appear in court in front of a judge on a specific date. Some people call this a complaint summons or a summons and complaint. You are now a party to a lawsuit and must answer the summons. It will contain the name of the court, the case number, the parties involved, and what you are legally required to do. The summons letter will either be delivered by a law officer or registered mail.
You will receive a summons letter when a creditor has filed a lawsuit against you in court for unpaid debt. DO NOT ignore this letter. It will not go away and you may lose all rights to dispute the matter! You may end up with a garnishment of your wages or having your bank account levied.
If you have questions about garnishment or levying, check out this blog.
Whether your letter is entitled a summons letter, a summons or a court summons letter, they are the same thing. Other parties believe that you owe them money and they have filed a lawsuit against you in court and you will have to defend the court case.
If you are getting threatening legal documents from collectors, check out this article
How to deal with debt collectors when you can't pay.
If you receive a letter delivered by either a deputy sheriff or as a registered letter from a court, it is a summons letter. It will be very formal and contain the name of the court and the complaints against you. While yours may not look exactly like the summon letter sample, it will contain the same general information.
If you receive a court summons, you may want to contact an attorney for representation. However, if you would prefer to answer the summons on your own in small claims court, make sure that :
If you decide to respond to a summons, include ALL the information on the summons so it can be filed correctly. Keep in mind that courts do not appreciate rudeness, threats, or other bas behavior. Your answer should include:
If you have a legitimate reason for not being able to appear in court, you may ask, in writing, for the date to be changed. The court may or may not grant the change.
Keep in mind that you are the defendant. You will need to prove that the debt is not yours. The debt collector is the plaintiff.
If you plan to defend the suit, you must let the court know, generally within ten court days. The summons letter will contain a Notice of Intention to Defend form. This is the official form you will file with the court. Fill it out and make two copies.
One copy of the form must be taken to the court issuing the summons to file. The form will be stamped and filed. Have the original stamped as well. The other goes to the plaintiff's attorney or address on the summons. Have the original stamped by the plaintiff. Keep the original.
If you miss the 10-day limit, follow the above advice. Email or fax the notice to the attorneys and then deliver the copies as noted above. It may help you avoid the default judgment.
To defend a summons:
Because this can be a complex issue, you may want to consult or hire a lawyer for your court date.
We are not lawyers and are not giving specific advice.
The differences between a summons and a demand are:
Your response to either should be:
If you are dealing with a threatening debt collector, you have some protection against then through the
Fair Debt Collection Practices Act.
A debt collector can not make threats. If you have one threatening to take you to court but you have not yet received a demand letter or a summons complaint, you may have a case of harassment and can file a summons and complaint against them.
We will detail that act in great detail in the next section.
You are protected from harassment by the
Federal Fair Debt Collection Practices Act (FDCPA). Your state may also have a Fair Collections Practices Act that adds additional protections. Your demand letter, whether it comes from a lawyer or debt collection agency, must respect the
FDCPA. The federal law includes the following provisions.
Debt collectors can NOT:
Debt collectors must:
If you receive a letter that violates any of these, you may have a case to sue the collection agency. Make sure you keep a written record of all letters, emails, or phone calls. You may have to speak to an attorney in order to stop harassing behavior. Use certified mail when dealing with debt collectors.
You do not write a summons letter. The court does.
See the example above for a summons and complaint document. Yours may look different, but all will be a formal letter on court letterhead.
This is a legal document informing you that someone has filed a complaint against you and you must respond to the summons and complaint immediately.
Include the name of the original creditor, the debt amount, interest and fees, and debt circumstances. See the demand document above. Send it by certified mail and accept a money order or certified check only.
See the example above. You must present evidence that the person owes the debt.
You can, but you will probably take to court and may receive a default judgment in the debt collector's favor.
The purpose is to demand repayment of a debt from someone.
See the instructions above. Always respond in a timely manner. Always be polite in your answer, especially to the judge.
Present evidence and the judge may simply rule that the case is dropped. A lawyer can help you present the evidence in the best possible light.
If you are in debt, you may receive a demand to pay document. If you decide not to answer it, you may receive a summons and complaint from the courts. Whatever you do, do not blow off the summons. The courts do not look favorably on people who fail to show up and this could even become a criminal case. Take care of business before you get to this point by paying bills and answering debt collectors. Remember not to agree to pay if you have no intention to pay.
If the person or company who is collecting the debt violates the FDCPA, you may have a court case.
Remember, we are not lawyers or a law company. You may wish to obtain legal representation.
DISCLAIMER: We are not lawyers and are not giving legal advice. We strongly recommend speaking to a professional attorney.
You’ve got a letter from your creditor. What action do you need to take? What is a summons? It depends on what type of letter you get. You may receive a demand for payment letter or a summons letter. They are distinct, and each requires a different level of action.
References
https://www.thelegalseagull.com/write-great-demand-letter/
https://litigation.findlaw.com/filing-a-lawsuit/how-to-demand-payment-in-a-letter.html
https://www.thebalancesmb.com/what-to-do-if-you-receive-a-summons-or-a-subpoena-398483
https://www.nolo.com/legal-encyclopedia/what-to-do-when-you-receive-a-demand-letter.html
http://articledge.com/summons-response-template.html
https://www.sample-resignation-letters.com/writing-a-demand-letter-for-money-owed-with-sample.html
http://protectingconsumerrights.com/debt-collection-problems/debt-collection-lawsuits/
https://www.michaelmatthewssa.com/what-to-do-when-you-receive-a-summons-and-what-not-to-do/
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