How serious is a civil summons?

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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 10 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.


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