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Please note that this site cannot provide legal advice. Use the information here at your own risk.

You have received a summons for failure to pay under the terms of the financing arrangement covering your DirectBuy membership fee. What should you do?

The first thing is: Don't ignore it.

If you ignore it, the case will go to court and you will lose by default. Using the judgement that DirectBuy obtains, they will be able to attach your bank account, garnish your pay, and obtain liens against your property. In addition to the actual amount financed plus interest, you'll be liable for processing fees and other legal costs. This is certainly the wrong way to go.

If you intend to pay but are just having difficulty, you should attempt to work out a payment arrangement before the court date, in which case, DirectBuy should ask the court to dismiss the case. If you already have a payment arrangement but have failed to abide by its terms, DirectBuy may not want to negotiate another payment arrangement.

If you feel your are not legally liable, you will need to present your defense. You should contact the court clerk if you have a question about how you are allowed to provide an answer. Most of these cases do not go to small claims court (these are very routine cases, so filing such cases is really simple for DirectBuy's lawyers), so most people really need a lawyer to properly respond to such cases.

In any event, you will need a defense. That defense will be the explanation as to why, even though you agreed to pay under the terms of the financing arrangement, you feel you should not have to. You need to discuss this with a lawyer if you plan to go this route.

Topic SoYouHaveBeenSuedByDirectBuy . { Edit | Ref-By | Attach | Diffs | r1.1 }

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Revision r1.1 - 08 Jul 2007 - 22:47 by EliMantel  Privacy Policy

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