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What is a Summons and Why Did I Get Served?

The plaintiff will start off a lawsuit by preparing a paper and submitting it with the court informing them that the defendant is being sued.

The summons will then inform the defendant that they are being sued and state the amount of time the defendant has to answer the complaint.

If you do not answer, or if you don’t show up on your court date (small claims court), you will get a default judgment entered against you. This essentially means that you have lost. This entitles the plaintiff to win the entire amount that they are suing you for. Is it worth it?

You got served because the plaintiff is saying:

We bought the debt from ____________ Bank and now you owe us money. We are suing you and you better pay it now.

They are really hoping that you are ignorant and fail to show up in court so that they can get a default judgment against you. But after reading this information you are no longer ignorant, are you? The reason you are here is to educate yourself and I will try to explain what you need to know.

They are hoping that you don’t know your rights, and won’t show up so they’ll get a default judgment against you and then freeze your bank account and garnish your wages legally.

They don’t want you to know that you should answer the complaint and list every single affirmative defense that you can possibly think of.

They don’t want you to know that over 90% of credit card debt lawsuits end up being dismissed because of errors made by the plaintiff!

Burden of proof is on the plantiff

The plaintiff needs to prove that you owe them money. They need to show an assignment of debt from the original creditor to the plaintiff. They need to show a contract between you, the defendant, and the original creditor. And they need to prove that the statute of limitations is still valid in order for them to sue.

The plaintiff, not the defendant, must prove their claim. The defendant doesn’t have to prove anything. The plaintiff is suing you, and you need to fight back and make them prove that every single count on their complaint is just and true!