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My mother received a summons today from Atlantic Credit and Finance today. They are asking her to answer the complaint herein within in 30 days. I need to know should we contact them and try to receive a settlement offer and start making payments or what. What will happen if we don't do anything. Will she have to go to court or will they just get a judgement against her. Can I send them a debt validation letter.Please help me with this ASAP. My mother is very sensitive and she will be a nervous reck if she thinks that she has to go to court, I haven't told her yet I'm trying to get some anwsers on what to do. Thanks in advance for your help and please help soon.

Sjcraw

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My mother received a summons today from Atlantic Credit and Finance today. They are asking her to answer the complaint herein within in 30 days. I need to know should we contact them and try to receive a settlement offer and start making payments or what. What will happen if we don't do anything. Will she have to go to court or will they just get a judgement against her. Can I send them a debt validation letter.Please help me with this ASAP. My mother is very sensitive and she will be a nervous reck if she thinks that she has to go to court, I haven't told her yet I'm trying to get some anwsers on what to do. Thanks in advance for your help and please help soon.

Sjcraw

I need urgent help

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You might want to ask an admin to move this to the legal forum. I know you need help urgently, but please don't bump two hours later, especially on an evening with scheduled downtime.

Does she know she owes this money?

If you do nothing, it'll ding her credit for a lot more years and they'll be able to garnish and/or seize $ in banks (depending on state laws; I don't know about SC's).

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According to FTC Letter, Basil J. Mezines. if there has been no prior communications then yes, a summons is Initial communication.. But saying it is one thing.. You still have to be willing to send letter and then sue them for continued collection activity if they still go to court if that’s the avenue you’re going after. But it all pretty much involves court now. And if she don’t respond or show up (which is what they hope) then yes they get a default. The other letter referred to from FTC Castle Jr esq, court is continued collection activity. When you request validation. So there for they cannot ask for a default judgment if you say so.

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Details, we need details. O.K. first of all how old is the debt? Is the debt hers?

When was the last date of payment. The sol in SC is 3 years. If it has been longer than the CA should not sue. In SC they cannot garnish wages, if she has property (house) there can be a lien put on the property if the CA gets a judgement. There may be a way around this, but we need some more ifo.

Good luck and stay calm. You have time.

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Details, we need details. O.K. first of all how old is the debt? Is the debt hers?

When was the last date of payment. The sol in SC is 3 years. If it has been longer than the CA should not sue. In SC they cannot garnish wages, if she has property (house) there can be a lien put on the property if the CA gets a judgement. There may be a way around this, but we need some more ifo.

Good luck and stay calm. You have time.

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Details, we need details. O.K. first of all how old is the debt? Is the debt hers?

When was the last date of payment. The sol in SC is 3 years. If it has been longer than the CA should not sue. In SC they cannot garnish wages, if she has property (house) there can be a lien put on the property if the CA gets a judgement. There may be a way around this, but we need some more ifo.

Good luck and stay calm. You have time.

The account was open in 2001 Last date of Activity was sept. 2005. Yes the debt is hers and it was a CC from Household Bank OC.She does not work she receives SSI and she doesn't own any property, no car.I really do thank you for your replies. I need to know what is my next step in helping my mom. May God Bless all of you because, no one can make it in this world alone.

Sjcraw

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Not to sound rude or missleading. But if your not worried about her credit, and she has SSI (which cant be touched i believe) and no assets. then just dispute it (if you feel its in error) and dont worry about it. You can not go to jail. Wost case is when all is said and done the judge says yup, pay it. and the butterflies will go away. :) But if you recieved the summons, you really do need to reply to it, or youll get a default if you choose not to go to court.

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Not a lawyer, but did some cursory research given the urgency... :)

As the great MC Hammer, once sang, "You can't touch this...!" :)

http://www.ssa.gov/OP_Home/rulings/oasi/41/SSR79-04-oasi-41.html

Social Security benefits cannot be touched by credit card companies. However, I believe if a judgment is made against her, and in place, should she go back to work, or somehow acquire money or assets other than Social Security, they may be able to get at it.

Again, I'm not a lawyer, just trying to give you some ammuntion under the circumstances. :)

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It cant hurt anything to send a DV letter. Very simple one:

"I dispute this alleged debt in its entirety and demand strict proof thereof. It is inconvenient to contact me by telephone at any time or location."

This puts then under the gun for meeting DV requirements. Household was bought up by someone, I think Providian, who was then swallowed by WaMu.

Put pressure on them to produce records, incase they have been lost or destroyed.

Since it is a summons.... CHECK THIS, was there a docket# on the summons, you can contact the court and make sure there really IS a case file with that number.

One of the slimey collection tactics is to scare old ladies with "Its a court summons" looking papers with no actual case filed. Under FDCPA if they dont actually file now, you'll have them for threatening actions they didnt intend to take.

If it IS a real case, then read the rules of the court.... is it small claims? or Regular civil court? Each has its own rules. Read up on your mom's requirements for the answer. There will be specific deadlines and requirements that should be met.

Depending on what is required, you can search here for examples of answers and any affirative defenses she needs to assert up front. Some states require you to assert defenses up front or you loose them... such as Statute of Limitations expired, etc.

Good luck.

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I want to thank everyone for your replies. I feel much better about it now.My mom does'nt have $ 2000.00 dollars to pay and I don't either. Most of that is fees. I think that I may send a DV letter, but if I do that will she have to go to court. I'm trying to avoid that.

Thanks everyone and may God Bless

Sjcraw

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How was she served? Was she served in person or by mail? If she doesn't show up to court she will get a default judgement, but if she doesn't own anything nothing can really happen to her. I really don't understand why a CA would go after someone for $2000 that doesn't have any assets. It seems like a big waste of time and $$ to me. Go ahead and send the DV at least the CA will have to prove they have the proper paperwork before they can proceed with court.

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How was she served? Was she served in person or by mail? If she doesn't show up to court she will get a default judgement, but if she doesn't own anything nothing can really happen to her. I really don't understand why a CA would go after someone for $2000 that doesn't have any assets. It seems like a big waste of time and $$ to me. Go ahead and send the DV at least the CA will have to prove they have the proper paperwork before they can proceed with court.

She was served in person and the papers don't have a court date on them.I agree with you about a CA going after someone with no assets. Don't they pull your credit report first before serving a summons. But I will send the DV letter out as soon as possible.Thanks for all of your help. I beleive that they are trying to scare her up, but they are wasting their time. They don't know that she has a daughter with a little bit of Credit Education.

Sjcraw

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She has to ANSWER the complaint, either ProSe or thru an attorney. If not they will get a default judgement against her. Court would come later.

Seems odd they would go after someone with untouchable assets tho.

Will they set a court date for my mom later. I hope not. I think that I'm going to send them a DV letter also attached with the letter I'm gonna send another letter stating that my mom receives SSI and doesn't own any property and it would be a waste of their time and money sending this to court. Do yall think that this is a good idea please reply.

Sjcraw

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Listen to Recovering, file a formal answer, not just a letter that says she has no money, they probably know that and want someone else to help her pay up and if you continue to communicate with them, they will know you are helping her and just get tougher and tougher.

Also your mother should seek free legal assistance through your local legal aid office.. Google it, as she should be qualified, usually they will provide an attorney at no cost.

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  • 2 months later...
My mother received a summons today from Atlantic Credit and Finance today. They are asking her to answer the complaint herein within in 30 days. I need to know should we contact them and try to receive a settlement offer and start making payments or what. What will happen if we don't do anything. Will she have to go to court or will they just get a judgement against her. Can I send them a debt validation letter.Please help me with this ASAP. My mother is very sensitive and she will be a nervous reck if she thinks that she has to go to court, I haven't told her yet I'm trying to get some anwsers on what to do. Thanks in advance for your help and please help soon.

Sjcraw

I made this post a while back needing help for summons received. I sent them a VOD letter and filed a complaint with AG on this company ( Creditors Interchange), because they called Sister-in-law and threaten to take her to to jail about one of my old accounts. That was a big mess up for them. I haven't heard anything from them since. I check my mother's report today and the TL is long gone. Contacting AG really does help, it scares alot of CA's off. I have had 2 TL removed within a few months using them. I thank God that I found this site. Really good people and info. Thank you all and may God bless.

Sjcraw

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