sdc2027

Summons Given, Court Date 9/14

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I received a summons for a delinquent amount that is owed on a car I had. I do owe on it and I admit this. The OC is here is colorado CNAC that had multiple name change, but CNAC gave the loan and the summons was delivered by person (handed to my roommate, nothing signed)

Two of my three credit reports show it and I haven't wanted to dispute it (sleeping dogs lie, etc). They haven't updated either reports since a 30 day from 3/03 (the last day I paid and turned back in the car)- The date it was open was 1/01. Since nothing has been done until now, I am unsure if this is a scare or an actual court order.

The amount that they are filing a judgement against me is 2901.04. I have no paperwork left, unfortunately. And I received no collections on it, just went to the judgement. Court date 9/14. The Court date is for a county I don't and have never lived in, I presume it is the OC's county.

I have a questionaire with the summons as well as the original signed auto loan amount with my signature.

These are my questions:

1-Can I or should I set up payment arrangements with this company?

2-The lawyer is suing for the OC and not a CA, can anything be done to bypass the judgement court date?

3-If I can work something out, how should I have the OC mark my reports to limit further impact to my score?

4-I see there is no deputy clerk signature on the form only the lawyer and that the date on the form is 8/10. - Could this be a scare tactic?

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"The amount that they are filing a judgement against me is 2901.04. I have no paperwork left, unfortunately. And I received no collections on it, just went to the judgement."

IS there a judgement already?

You need to find out ASAP!

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Nascar- There is no case # in the box, just the locaton of the courtroom.

Astiman- I don't believe there is a judgement yet, I will call the court to see what have officially been done

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Bumping

court found no record of this "case"

Any ideas what I should do next? Should I just DV it, even though they have the proof or just write them and set up a payment system?

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You need to be absolutely sure...but...if the court has no record of this case, then you're being scammed. You may have owed somebody money at some time, but, it may not be these people.

And...if they're claiming to have filed a suit against you...and haven't...then that a major violation of the FDCPA. You might have a case against them!!!

(The main reason we say to ALWAYS DV any claiming to hold one of your debts is just this...beleive it or not...there are a lot of dishonest people in this world, and, a fairly large majority of them work at CAs.)

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1 Make sure that the court has no record of the case. See if this is really an attorney or not. If there is no suit and the guy IS an attorney, file a complaint with the state Bar a$$'n.

2 If they did not file the suit against you, you have about 10 violations here:

807(2)(A) The false representation of the character, amount, or legal status of any debt

807(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney. (If the guy is in fact not an attorney)

807(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

807(7)The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.

807(8)Communicating or threatening to communicate to any person credit information which is known or which should be known to be false,

807(9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval

807(10)The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer

807(11)The failure to disclose in the initial written communication with the consumer that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose

807(13) The false representation or implication that documents are legal process

812 (a) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating

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I finally spoke with someone again and they do have a case number. However when I answer the summons and mail back in, I am going to do what dixidrifter suggested -- try a cross claim that they are to dismiss due to lack of personal jurisdiction. The location of the auto deler isn't even in the county where I have to go for the court date

Obviously I will have to mail this overnight delivery. Any other suggestions please?

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Can a motion to dismiss be within the answer of the summons? If so, I will add it in and pay my $41

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