How serious is a civil summons?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How serious is a civil summons?
I received a civil summons regarding a lawsuit filed by an attorney representing a credit card company. I immediately set up a payment plan with the attorney the day I received the summons. So 2 days later I made a payment. They sent a letter wanting me to sign basically saying that we reached those terms of agreement and if I am late on a payment plan they could attach wages, etc. The lawyer wants me to sign it and return it immediately. Is this a hoax or do I have to sign the paper?
Asked on August 10, 2011 Ohio
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A civil summons is a serious matter. It is "notice" that you have been served with a lawsuit and that if you do not answer the summons and complaint (also served upon you at the time the summons was served) within the stated period of time, a default and default judgment could be entered against you in that matter.
If you are making payments for the obligation owed set in the summons and complaint, you need to have a written settlement agreement signed and dated by you and the credit card company's representative to protect your interests.
Before you sign the settlement agreement sent you by the attorney representing the credit card company, you need to consult with an attorney to make sure your interests are being protected if you sign the agreement and you are comfortable with its terms.
Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.