New here, quick question

[stebecaser]

First let me say that I am new here but in the short time that Ive been visiting this site I have accumulated a wealth of useful information. I have up until now felt powerless when it comes to debt collectors. Let me now get to my question.

I have received what appears to be a summons from attys walpoff & abramson representing palisades. I got one in the mail from the sheriffs dept and one left on my door. Both are exactly the same except that the service date on the one I got in the mail is dated 12-27-06, 2 months from now. They came within days of each other. They are multiple pages in length and includes a complaint however there is no date to appear in court so im unsure if the court is actually involved. It states that I have 20 days to answer the complaint and my answer must be given to them and filed with the court clerk. I dont recall if they have ever contacted me previously however they might have without me realizing it. My question is this. Can I send a request for validation to them or does this '20 days to provide an answer summons' indicate that its too late? If I send a validation letter, who do I send to, W&A or Palisades and do I need to send a copy to the court clerk like they requested?

Any help would be appreciated as I have no clue how to proceed.

[admin]

I have received what appears to be a summons from attys walpoff & abramson representing palisades. I got one in the mail from the sheriffs dept and one left on my door. Both are exactly the same except that the service date on the one I got in the mail is dated 12-27-06 2 months from now.

,

I think I would ignore that one. What are the serving laws in your state.

They came within days of each other. They are multiple pages in length and includes a complaint however there is no date to appear in court so im unsure if the court is actually involved. It states that I have 20 days to answer the complaint and my answer must be given to them and filed with the court clerk. I dont recall if they have ever contacted me previously however they might have without me realizing it. My question is this. Can I send a request for validation to them or does this '20 days to provide an answer summons' indicate that its too late? If I send a validation letter, who do I send to, W&A or Palisades and do I need to send a copy to the court clerk like they requested?

The first thing to do is look up the cases numbers with the court. Has something actually been entered? What is the status. Whether or not the serving is legal, I'd start preparing your answer in response to the complaint.

We also need a few more details if you can answer the Qs in the sticky above.

[stebecaser]

sorry but i cant seem to find the questions so i may answer.

[Recovering Attorney]

You can ostensibly DV, but I wouldn't bother. Prepare and serve your answer. Serve a copy on W&A and file the original with the court. Send the one to W&A by certified mail so you can track when they get it. If you are uncertain, call the court and find out what the index number is. One of your defenses shoul dbe " The court lacks jurisdiction over the defendant" so you can preserve any faulty service issues. But "nail n mail" is accpetable service most places

[stebecaser]

so apparantly my request for validation is different than an answer? excuse my ignorance but im not sure what they are asking for when they ask for an 'answer' I dont even know what the question is.

[Recovering Attorney]

then go talk to a lawyer, please, to protect your rights.

[stebecaser]

I appreciate the responses however if i had the money for a lawyer id just pay the debt to get them off my back in the first place. I apologize, recovering attorney, if my questions were bothersome and repetitive i just figured someone here would take a moment to tell me what they were looking for when they ask me for an 'answer'. I cant answer unless they ask a question. maybe it was a mistake to ask it here so i apologize.

[newbie7069]

I'd go spend some time over in the "Lawyer" forum. I'm pretty sure that the questions that admin was referring to can be found there.

Do some searches for W&A, as well as palisades, and answering complaints.

I think you'll be able to find answers there.

[breathing_easier]

stebechaser: First, please read these two sticky threads from the 'Is There a Lawyer in the House?' forum:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=214300

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=247592

An 'Answer' is the formal response you will file with the court in response to the 'Complaint' which was served on you. There are many versions of an Answer posted on this site. Once you have done the required reading come back and fill us in on the details of your situation...is the debt yours?, how much is being sought, is the debt beyond your state's statute of limitations (check the link at the top of this page), etc. From there we may be able to help you put together your answer.

Depending on the amount which is the subject of the Complaint, you may want to try to find a lawyer in your area and who is familiar with your court system and judges -- the www.naca.net site is a good place to start -- to offer some guidance.