5greatkids Posted August 12, 2004 Report Share Posted August 12, 2004 Just about to sit down to dinner and was served a summons. I tried to do a quick search of the county court system and I can't find a file number or my name so I am hoping it is not a done deal. It is from an law firm in my state ( NY - they dont have to be licensed). I absolutely want to avoid going to court--if I call them can I make a deal? How do I answer the summons and who do I send it to ? I have looked over some previous threads but maybe because I am ready to heave, its not making sense to me!!! Can someone please point me in the right direction and give me some advice on what to do first ( and second and third !!!haha!!! see I am losing it! Link to comment Share on other sites More sharing options...
gdouglaslee Posted August 15, 2004 Report Share Posted August 15, 2004 Cap One is known for their ability to provide documentation and since they are the OC, they are not subject to the FDCPA. You can contact the attorney to arrange a settlement, but understand that you have no leverage to negotiate. Unless you can pay a lump sum, you might be better off taking a judgment and try to exempt yourself from garnisheement somehow. Link to comment Share on other sites More sharing options...
Guest Posted August 16, 2004 Report Share Posted August 16, 2004 The Attorney is STILL required to follow FDCPA laws.Period. Link to comment Share on other sites More sharing options...
5greatkids Posted August 16, 2004 Author Report Share Posted August 16, 2004 Thanks for your responses. I am typing up an answer to the summons this morning and will deliver it to the county clerk and fax it to the attorney followed up by a CMRR copy. I am also faxing a settlement letter to the attorney. Sky-what did you mean by the attorney still needs to follow the FDCPA rules? Link to comment Share on other sites More sharing options...
Guest Posted August 18, 2004 Report Share Posted August 18, 2004 Read the Spears V Brennan case law in IndianaAn attorney is still collecting on the behalf of the creditor.they have to follow FDCPA Link to comment Share on other sites More sharing options...
Josh Mcgrath Posted August 19, 2004 Report Share Posted August 19, 2004 how much is the debt for anyhow?? If you don't mind me asking, that is... Link to comment Share on other sites More sharing options...
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