What canI do about a summons that I received for a debt that I was never informed about?

I got a summons from a debt collection agency. I wrote a checkingr the amount of $20.81 but I never got anything in the mail or phone calls saying that this check did not clear my account; if I did I would have been more than happy to pay. Now they want me to pay for the check, the return check fee of $20, damages of $100, and attorney’s fee $250. SinceI never got anything about this, what can I do to fix this problem?

Asked on September 13, 2010 under Bankruptcy Law, Utah

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You will need to file an answer to the complaint.  The complaint is the lawsuit attached to the summons.  The answer denies the allegations in the complaint.  At the law library look in the index of Pleading and Practice  for answer to complaint.  You will see the general format for a complaint and specific examples of complaints.  At the end of the answer is the verification which you will need to include with your answer.  The verification attests to the veracity of your responses and is signed under penalty of perjury.  File the answer and verification with a proof of service with the court and mail a copy to the opposing attorney.  The proof of service just confirms the date of mailing.  You can obtain a court form proof of service or you can write your own.


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