double c Posted January 13, 2006 Report Share Posted January 13, 2006 my wife was served a summons to appear in court that was delivered today. but as of wednesday we sent a dv letter to this creditor.any advice please help my wife thinks she is in massive trouble Link to comment Share on other sites More sharing options...
willingtocope Posted January 13, 2006 Report Share Posted January 13, 2006 Hug your wife and tell her to calm down. No massive trouble. Worst thing that could happen is they get a judgement against her...but...there aren't any debtor's prison anymore...she's not going to jail.But...to help...we need more details. Who is the debt from? Was it indeed a summons, or just a letter in the mail made to look like a summons? Chances are your DV and their summons crossed in the process...were you within the 30 day period? Link to comment Share on other sites More sharing options...
double c Posted January 13, 2006 Author Report Share Posted January 13, 2006 the summons was delivered by the sheriff's dept. the oc is cross country but now it says applied credit F N A cross country. sol is july of this year. i sent dv to them and the wonderful ken hughes (merchants credit guide)on wed of this week. .pre trial hearing is feb 2.thanks Link to comment Share on other sites More sharing options...
willingtocope Posted January 13, 2006 Report Share Posted January 13, 2006 So the debt is quite old. And, you're implying that it not Cross Country suing but some collector or Junk Debt Buyer?When did you first hear from Ken Hughes and / or Applied Credit?The timeline is important...At any rate, if you can afford to contact a FDCPA lawyer in your area, that would be best...if not, you should plan on showing up in court armed with a copy of your DV letter and a copy of the FDCPA (in case you have to educate the judge). How much money is involved? Link to comment Share on other sites More sharing options...
double c Posted January 13, 2006 Author Report Share Posted January 13, 2006 applied credit is the new name of cross country. the suit amount is 1022. i tried paying this off a couple of years ago for the original amount of 230. the rest is interest. today is the first time i have heard from them in months.the ken hughes is a debt from 7 years ago so i dv them not even on any credit reports. Link to comment Share on other sites More sharing options...
willingtocope Posted January 13, 2006 Report Share Posted January 13, 2006 I'm confused. Two different debts?Anyway, do a search on the site here. There's a post somewhere about a lady in Cleveland who was sued by Discover card for a debt that was orginally like $300 but ballooned to $2000 with interest and penalties. The judge dismissed the case. That's not to say that the same thing would happen, but it wouldn't hurt to have the case law with you...I've got to go now, but maybe someone else will jump in... Link to comment Share on other sites More sharing options...
double c Posted January 13, 2006 Author Report Share Posted January 13, 2006 sorry about the confusion. it is 2 separate debts.the one we were served with was from cross country bank.the second one i mentioned was with ken hughes who was trying to collect on a 7 year old debt.the only link was both were dv letters were sent out the same day.what is my next line of defense, should i try to settle or ? Link to comment Share on other sites More sharing options...
ghacorp Posted January 13, 2006 Report Share Posted January 13, 2006 double c,This one's pretty easy to answer. Your Ken Hughes debt is probably no longer legally recoverable so you can send a Cease Communications letter and that should be it.On your CC Bank debt, you will need to answer the Summons within the time frame allowed. Apparently the complaint was filed long before you attempted to dispute the debt. While the creditor is still obligated to validate the debt, this will be done in the form of Discovery and the Plaintiff will be required by the court to send you a copy. Many people rush out DV letters after they become aware they've been sued and by then it's too late. It can take up to six months for service of process to be completed and this catches some people off guard. Link to comment Share on other sites More sharing options...
double c Posted January 13, 2006 Author Report Share Posted January 13, 2006 the cc was filed the 10th of jan. and del on the 13th. i sent dv letters were sent on the 10th.you said to answer the summons by the time frame , the only date was the pre-trial conference on the 2nd of feb. it was filed by a law office pollack and rosen in fl.i was just starting on credit repair by sendind dv's. i have noy heard from this company for months. no mail or never a phone call. Link to comment Share on other sites More sharing options...
Recommended Posts