Don't know what to do about the summons I received from WInn Law Group?

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I owe on an old credit card from 2007 from BofA. I ended up in collections with Calvary and now the Winn law group. The debt is for $2,231.00, but when I got the summons they added interest and they want to add more interest going back to 2010. I don't want to end up with a judgement and owe interest plus attorney fees. I'm willing to settle but since I got that summons I'm really confused as to what I need to do.

Attorney Answers

4
Robert Stempler ·
Please review the first video on my home page for an overview of your options. I have linked my blog, below, on your next steps and deadlines. In particular, if you were served personally, you will have 30 days from that date in which to file your response in court, so that you avoid a judgment being taken by default after your time has expired. Robert Stempler (please see DISCLAIMER below) www.StopCollectionLawsuits.com Twitter: @RStempler
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Frank Chen ·
If you want to negotiate, it is often strategically better if you first answer the summons and complaint. For superior court lawsuits, you have 30 days from the date of personal service to respond to the Summons and Complaint. You can represent yourself "in pro per". You would file either an Answer or a General Denial, and pay the first appearance filing fee. The form for the Answer is (Judicial Council Form PLD-C-010): http://www.courts.ca.gov/documents/pldc010.pdf The form for the General Denial is (Judicial Council Form PLD-050): http://www.courts.ca.gov/documents/pld050.pdf If you cannot afford the first appearance filing fee, you may apply for a fee waiver. See: http://www.courts.ca.gov/selfhelp-lowcosthelp.h...
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Richard Lysle ·
These people are a "debt buyer". They paid the original creditor a few cents to buy the account. if you file an Answer, do discovery and go to trial, you may find that they have difficulty producing the witnesses necessary to authenticate their documents and prove their case. But, you MUST file an ANSWER first. After that, you will be in a better bargaining position. You also consider sitting down with a lawyer for a half hour consultation, at a reduced rate, just to review your case, your defenses and possible debt collection violations by Cavalry. Do not forget to ask the lawyer how to plead, as an affirmative defense, that the lawsuit was filed after the Statute of Limitations expired. Bank of America, on some of its programs, specifies that the law of the State of Delaware governs interpretation of the contract terms. If so, the SOL in Delaware is 3 years.
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Kevin Sullivan ·
you need to answer the complaint in order to avoid having a default entered against you. Dpending when you last used the account and when they sued it sounds like you could have a statute of limitations defense.
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