2b debt free

Being sued by Fleet?

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Hi, I received a summons on Sunday stating that I was being sued by a company in Colorado representing Fleet Bank for a credit card debt of $10,000. I could have sworn that my balance was somewhere in the vicinity of $7000. Can someone tell me what my next move should be? Any help here would be greatly appreciated. Thank you.

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How old is the debt.. when did you last pay the original creditor ?

What state are you in ?

Your first step is to file an Answer to the Complaint or they'll get an automatic default judgment.

The last balance you remember doesn't mean much, interest keeps accruing at the default rate as long as it goes unpaid.

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First off, thanks for the replies and second, sorry for my delayed response.

1. Yes, it is CACV of Colorado

2. The debt is about 2 years old.

How do you think I should respond to this summons? I am not working at this time so I don't know what it means for them to win a judgement. Can someone please advise on how to go about responding to this summons? Any help would be greatly appreciated. Thank you.

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excellent call stoliesmom...I knew right away CACV and again, you're right. they are looking for the quick & easy default.

Please note that I am not an attorney so what I share is based on personal experience only.

Have you received any other collection letters from this CACV advising your right to dispute prior to this summons? If not this factor supports our belief that they do not have sufficient validation therefore they do not send any initial correspondence in fear that the debtor may look on line and find this forum and learn how to dispute sending CACV up sh$%t's creek without a paddle. Good job!

If they did not contact you prior to this summons you must mention this in your answer...there are generic answers from what I believe in one of the Stickys on the index of this forum "sample Letters' If you need one I can send a template to you also. Look into the FDCPA and read up on Validation. You will see that CACV violated the FDCPA already by not giving you the opportunity to dispute. They must send something in writing prior to a summons...here read...you need to mention this in your answer and include the section and code.

ยง 809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

The answer needs to be filed with the court clerk of the court mentioned on the summons...directions should be included on the summons itself. You will need to make 3 copies. One is delivered by you to the court clerk and a filing fee will be required as well...the fee can range anywhere from $15.00 all the up to $300.00 depending. Bring your check book. They may also waive the filing fee since you are unemployed...ask when you get there...save some money for gas and postage.

The second copy needs to be delivered CMRRR to the Plaintiff attorney. Make sure you send within 14 days of the deadline to file the answer...CMRRR sometimes takes up to 14 days to be delivered so be careful...if it isn't in on time you're causing yourself added headache. If you're uncertain send overnight, 2 day as long as you know it will reach the attorney prior to the deadline...signature required delivery with tracking.

3rd copy for your files. Keep everything document everything save all receipts including the green cards from CMRRR.

Include also in the summons that you are disputing the debt and demand proper validation as required by law since you have never been given the chance to do so thus far.

I would also send a DV letter which is also on this site. Again, I can provide a template.You can include with summons or separately but I would fax and mail as well...for some reason these types have fax machines that sort out what they want and dont want. Document everything.

More than likely, if you handle your paperwork appropriately, you may never hear from these slime balls again. These attorneys try to collect on bad debts through pure intimidation and will falsify documents, lie cheat and steal in order to get paid...these guys refuse to litigate for a reason...the same reason why they are doing what they do now is because they couldn't make it in a court room resorting now to collecting bad debts and paid $250,000.00 for his education only to be able to add esq. to the end of his name and put together a letter in hopes that his letter head and the his empty threat of suit will make you pay since that is all he is capable of doing.

No offense to the upstanding member attorney's here. :D

I may have missed something or another member may have something more useful so I would bounce this off some of the other members.

Feel free to contact me with any questions.

Good luck!

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This is what i wrote on the :is there a lawyer in the house. No responses yet.

Ok a friend of mine got served this last thursday, by a private citizen. His wife was the only one home (neither speaks english, spanish only) he asked if she was the wife of my friend, she didn't really know how to respond, but she accepted the summons anyway.

He is being sued for $2000.00 + interest at the rate of 10% from date 11/5/2003.

The summons does not have the orignal creditor's name on it.

Summons says he has 30 days to to respond with a written response.

He called, the number on the summons, which I asume was the law office, he only understood the word Visa. He lives in the State of california.

What can I do for him?

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