ca served me with summons

[vixg4]

I am new but I have found your site to be very infomative. To date, I have probalby removed 16 unwanted entries on my CR. I sent my VD to the collection agency to obtain no response. I sent my second VD informing them they were in violation. They responded with a photo copy of FDCPA, highlighting that I had to dispute the validaty within the "30 day period". Handwritten next to it, they wrote, "Do not threaten a lawsuit when you are incorrect." I received that last week. Today, I received a summons to appear in court in 14 days. These are supposed med bills, but the thing is, I filed bk in 1998 against the CA and the OC. I have no idea if these are new debts or if these are old. They have provided me with nothing. I live in IL. I would love any advice regarding how to represent myself in court. Also any IL cases that can be sited explaining violations of the FDCPA would be greatly appreciated. Thanks for your help in advance.

[Methuss]

Scare tactic.

Filing suit after receiving but not responding to the DV is a violation of the FDCPA in and of itself.

Since you have been served, you need to get in contact with a lawyer now. The Illinois lower courts lean heavily toward businesses and you need a good lawyer to avoid a judgment.

Contact Edelman, Combs, Latturner, & Goodwin LLC at 800-644-4673. They will review your situation free of charge. If they represent you, the CA is in for it...edcombs is one of the best...and they take their fee out of the CAs hide. You don't pay a single penny.

[Josh Mcgrath]

First question... did you keep their letters? If you did, then they will probably be very happy to take your case- you'll be walking away with some $$$$$$$!!!!!!

Just keep in mind...mental stress because "I've never been sued and I was so scared" lol

[vixg4]

Yes, I have the letter that is a photo copy of the FDCPA sec 809 b which they highlighted and then hand wrote, Your account was listed in 2000-2002. The 30 days were up long ago. Don't threaten a law suit when you are not correct.

Also, the law firm you mention, are they in Chicago? I am in Lasalle, which is 2 hours SW of Chicago, will they still assist me?

Are you serious, they will charge the collection agency and I will owe them nothing?

[DocDon]

What a bunch of a-holes. The FDCPA says nothing about giving up your rights to validation after 30 days. It only says they will "assume the debt is valid".

I hope you nail them to the wall.

[Methuss]

What a bunch of a-holes. The FDCPA says nothing about giving up your rights to validation after 30 days. It only says they will "assume the debt is valid".

I hope you nail them to the wall.

Yes, but under the FCRA it says they cannot assume a debt is valid once the consumer disputes it...if they reported or failed to list as disputed any tradeline on a credit report, they are totally hosed. Because they sent that mocking letter, any listing on the CR that isn't by-the-book, become a willful violation.

[c m chase]

Wait a minute. The summons only gave you 14 days?? That's not how summons work. They give you the summons, you have a certain number of days to file an answer....etc.

What exactly does it say?

Have you checked with the court to make sure there's actually a court date? They very well may have served your wrong so you'd only have a short amount of time. You can get an extension of time or get it thrown out if they didn't obey the rules.

[vixg4]

Ok It says, Plaintiff ca, Defendant me Amount claimed $4348.67. Summoms To Me You are hereby summoned and required to appear before this court at the bureau county courhouse at 900 am on 12/16 to answer the complaint in this case, a copy of which is hereto attached. If you fail to do so, a judgement by default may be taken against you for the relief asked in the complaint.

2nd page is the complaint

I the undersigned, claim that the defendent is indebted to the plaintiff in the sum of 4348.67 & court costs for the assignee of "hospital" and that plaintiff has demanded payment of said sum; that the defendant refused to pay the same and no part thereof has been paid; that the defendant resides at blah blah

[c m chase]

That's so odd. Where do you live?

Is the complaint court stamped and filed? Does it show what date it was served to you on? Is that date right?

If this is legit, you need to answer the complaint in writing. On the second page, the complaint, what does it look like? Are those sentences numbered?

You can answer it, file defenses, and add any counterclaims. Main thing here is to NOT get the default. We'll get you an example of an answer.

Work out your counterclaims. You may have enough to use to make them want to dismiss or settle.

[vixg4]

I live in Lasalle, IL Lasalle county. The complaint was files in Bureau County, that is where the OC is. The complaint is date stamped by the court on 11/17/04. I was served on 12/2 and it states that on the first page. The complaint in not numbered, specifically it says COMPLAINT, Small Claims at the top. It identifies the plaintiffs as Collection Professional Inc. It identifies me as the Defendent. They have an attorney and they are identified beneath the CA. Next comes I, the undersigned, claim that the defendant is indebted to the plaintiff in the sum of 4248.67 & court costs fo assignee of "hospital" - 22.62, assignee of "hospital" - 48.40, assignee of "hosptial" - 48.40, assignee of "hospital" 4229.25. It goes into the plaintiff demands payment blah blah. It is signed by the attorney. On the same page there is an Affidavit by the exec vp of the CA. stating allegations are true. Then a notary signed.

So I have called an atty someone recommended but they are 2 hours from me and I am afraid I will not get representation. I have no fear of going to court to represent myself, but I do not know how to begin or what to site.

I just reviewed my orig validation request to the ca. It was wriltten and mailed Oct 15. I can not find the return receipt. However, the notary signed this on Nov 11 and then it was filed on Nov 17. My second letter went out on Nov 19 and was received by the Nov 22. I have that receipt. The letter I received from them telling me I was past the 30 day period, is postmarked, Nov 22. Now I have a report from Transunion printed Nov 5 and mailed Nov 6. Transunion verified these debts. I just received Experian, they deleted every one.

Yes any help you can give or any direction you can point me in will be so appreciated.

[c m chase]

Ya know, the first thing I would do is, since they only gave you 2 weeks (which is OBSURD), ask for extra time so you can file your answers properly and/or find a lawyer. They should grant you that...and I imagine it'd be at least 15 extra days. I'd actually ask for more (20 or 30)because really, how long would it actually take you to find a lawyer?? (Even though you might not get one).

That way we can have time to go over stuff and get you situated.

Ok...first thing you need to do is gather ALL information about this debt. Do you have all your letters from the collection agencies involved and the lawfirm involved? If go, get those together and we'll see what we can come up with in the way of counters. We already have verifying with CRAs before sending validation.

And....even though you didn't ask for validation by the 30 day mark, you can STILL ask for it. The FDCPA says they will ASSUME it's valid...it goes on to say the failure to dispute within 30 days is not to be considered admission of liability. You should bring a copy of that statute and highlight a LITTLE further down for Mr. Smartass lawyer.

[vixg4]

Yes, I have 2 letters I sent requesting validation. I only have on return receipt. I have the photo copies FDCPA they sent along with the envelope. I have the summons I was served. That is all. How do I go about asking for extra time. Do I go to court on the 16th to do that?

[Recovering Attorney]

The FDCPA says you must be sued in your county, or the county where the transcation took place. So, if neither is true, you need to write the lawyer a letter now telling them they have violated the FDCPA and you will both sue them and turn them into the grievance committee if they do not.

I might call the court clerk and tell them you do not live in their county. Most small claims courts do not have jurisdiction over non-county residents.

If you sent the first letter certified, you can get delivery info online at usps.com. type in the number at track&confirm.

[vixg4]

The county the court is in is the county of the OC.

[Recovering Attorney]

well, they should know their FDCPA. You might want to consider suing them in your county for violating the FDCPA, both as to the improper venue and using the improper venue as harassment

[Methuss]

Collection Professional Inc.? I just did a lookup on the ildpr website. They are not licensed to practice collections in Illinois. Nor have they posted the mandatory bond.

If that isn't their true business name, then there are even more issues here, the least of which is providing false information to the court.

[c m chase]

Nice catch, Methuss!!

[vixg4]

Collection Professional Inc.? I just did a lookup on the ildpr website. They are not licensed to practice collections in Illinois. Nor have they posted the mandatory bond.

If that isn't their true business name, then there are even more issues here, the least of which is providing false information to the court.

OK, valid point. I did the same checking but when you put in Collection Professionals, you come up with a business in Macomb, IL. I was not sure if that could be the same business like a branch or something. But the complaint is Collection Professionals Inc and I just looked them up in the local phonebook and it also says Collection Professionals Inc. How can I find out? The complaint is signed by Greg Himelick, exec vp.

Also you said the Fdcpa says that once a consumer disputes a debt the ca cannot assume it is valid. Where exactly does it say that?

[vixg4]

Collection Professional Inc.? I just did a lookup on the ildpr website. They are not licensed to practice collections in Illinois. Nor have they posted the mandatory bond.

If that isn't their true business name, then there are even more issues here, the least of which is providing false information to the court.

I am sorry you said the FCRA says that. WHere?

[vixg4]

well, they should know their FDCPA. You might want to consider suing them in your county for violating the FDCPA, both as to the improper venue and using the improper venue as harassment

Forgive me, I don't understand. The county I am being sued in is where original creditor is. That would be the original transaction right? This county is right next to mine. How would that be improper venue?

[vixg4]

Collection Professional Inc.? I just did a lookup on the ildpr website. They are not licensed to practice collections in Illinois. Nor have they posted the mandatory bond.

If that isn't their true business name, then there are even more issues here, the least of which is providing false information to the court.

I did further searching today. They are on the site under collection agency branches.

[vixg4]

Here is an update. I just received another Transunion credit report. It shows the ca as updated 11/04 and says nothing about customer disputes.

[c m chase]

Forgive me, I don't understand. The county I am being sued in is where original creditor is. That would be the original transaction right? This county is right next to mine. How would that be improper venue?

I think Recovering was saying that it doesn't matter how CLOSE the counties are...if you reside in one county, that's where the person should sue you. Have you moved to a new county since you opened the account? I'm not sure on the rule exactly, but I think if the company knows where you live, they have to sue you in the county YOU are in...not them.

Might check your rules of civil procedure to be sure.

I did further searching today. They are on the site under collection agency branches.

You mean the company that is suing you is a branch of another agency? Are ANY of them licensed/bonded??

Here is an update. I just received another Transunion credit report. It shows the ca as updated 11/04 and says nothing about customer disputes.

Good job. That's another FDCPA violation and can be used against them.

We're getting there!!

[vixg4]

I don't know if I have "MOVED" from a different county since I opened the acct. because I don't know when the acct was opened. We have 2 hospitals in our area, one in Lasalle county where I reside in and the one in question in bureau county. I lived in Bureau county til 1998, however I have always tried to use the hospital in Bureau county, simply because it is better. I do not recall going to that hospital in a number of years and as I stated in my opening, I filed BK on the hospital in Bureau county as well as the CA, discharged in 1999. I honestly have no idea about these accounts. But yes the CA knows I live in Lasalle County because I wrote them the DV's.

Concerning the CA's licence. I went to the il licensing website and under the category ca branch offices, I typed in Collection Professionals Inc. Turns out they are a branch office of Macomb, IL and both licenses are good.

I am getting ready to site my violations when I go to court. My question is, if a judgement is placed against me, because after all this is hick town, can I appeal and do I need to announce the appeal at the time of judgement? I am going into the initial court date alone. If judgement is placed I will appeal in state or fed court and hire eddelman to represent me. There are state and fed courts in Chicago which is where they are. I will drive to them.

Thanks for all your help

[efish]

What I would like to know, is how do they know that you didn't dispute the validity within 30 days? Do they have proof?? Unless you told them, IN WRITING, or they have it tape recoreded, then there is no eveidence that you didn't dispute within the 30 days. And it doesn't matter. Tell them you didn't respond because you didn't get anything in the mail youcjust found iton your credit report however long later, and that is when you disputed the validity. Unless they have solid proof I wouldn't admit to anything to these scum suckers. I'm with Methuss, get an attorney and get them by the balls!