Jump to content

Need Help with Summons served to Debt Reduction Company-Long


Recommended Posts

Late February 03, I was contacted by a law office representing Capital One. The lawyer contacted me at my place of business demanding 2 payments of $600. I told them I needed to see the paper work for this debt before any payments would be made. I sent them a validation letter as well as a C & D letter. Two days latter the lawyer left a message on my machine saying that my validation letter was not valid. I did not return call. I did not receive any validation of this debt till September. The validation was merely a print out of amount owed to Capital One. Early October, my employer's bookeeper came to tell me a lawyer had called to verify my place of employment and also spoke to her about my debt. After hearing this, I sent a settlement offer and received no response to the offer. I had phone messages asking what my intentions were....I called and left a message that I had made a settlement offer and will not make any payments till I receive acceptance or counter offer in writing, I also mentioned they had a C & D letter on file and all communication must be in writing.

Fast forward to this week of December...A debt consolidation company (who I ceased using two years ago) called and said they received paperwork from these same collection lawyers and will send them to me. I received the papers today which happen to a summons filed on Oct. 14, 2003. It was filed at a courthouse in San Diego County, I live in Los Angeles County. Since it is now 30 days past filing a response to the summons, what do I need to do next? I do not want a garnishment and I feel this law office is underhanded in their dealings? Any advise?

Link to comment
Share on other sites

If you have absolute proof the "ADUB" had your current address, contact the court house and explain this to them what the lawyer did and that you did not receive service in sufficient time to file an answer. Maybe there is something you can do. If not, show up in court anyway. You can get the date and time from the court house. Then, you would explain to the Judge exactly what happened from the DV letter to the day in court, and including the improper service. You would state that to cause the Judge to also think this was illegal. Also, you could file a seperate suit against the lawyer for continuing collection without validating the debt and the fact that he discussed the debt with a third party. Both are violations. Have the person the lawyer talked to write a proper statement with as much of the actual language used, then have it notarized. Be sure date, time, and name are there. Or, you could ask the person to go with you, but, it would be at your expense. You might also file a complaint with the State Bar. This "ADUB" is just pulling some dirty tactics in hopes of getting a default against you. Since LA is about 120 miles from SD, this is actually not within a reasonable distance. Ask about this when you call the court house, too. You could try the AG, but, most of the time you can't get through. You might also want to file a Motion to Vacate due to improper service.

Link to comment
Share on other sites

There is NO WAY that serving a lawsuit to your old debt consolidation company can be legal !! It is NOT a former address, its not even a residence and since they obviously DID know where you live, the service can't be legal. You need to get a copy of the case file, particularly the proof of service. What a low-life tactic..... one which I believe you have grounds to fight and get the judgment vacated. You certainly have time to appeal it.

Link to comment
Share on other sites

If you do decide to contact the OC, be sure to inform them that the CA and Attorney hired to sue you have violated your rights under Federal and State Laws. AND, in the State of California, the OC is liable for the actions of the CA and Attorney. Wait to see what they say before you make any offers of settlement. You could say something about your desire to satisfy the obligation, but due to the actions of the CA and Attorney, you want to hear what they have to offer as what they offer will bear heavily on your decision to pursue legal action against them. You get the idea.

Link to comment
Share on other sites

First of all, you can file an answer or other responsive pleading after the 30 days have passed, so long as the defendant has not taken your default.

Second, I would look carefully at the paperwork you signed with the debt cosolidation company. Did you agree that the DCC was appointed to be youir agent for service of process? If so, and if your default has been taken, you may wish to file a motion to vacate the default judgment explaining that you did not intend to do so and that you terminated their services several years ago.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.