Jump to content

Summons


hiteckcwby
 Share

Recommended Posts

I just got this from a process server. I have never heard from these people before and according to my records, the debt in question is owned by someone else (whom I DV'd several months ago and never heard back from).

This was sent out from Messerli & Kramer P.A. Has anyone ever heard of them? Does this have any merit and what is my next step?

Stripped down version....

State of MN

Plaintiff MRC Receivables Corp as successor in interest to Bank First

You are hereby summoned and required to serve upon the attorneys for Plaintiff an answer to the complaint which is herewith served upon you within twenty (20) days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. Please take notice that alternative dispute resolutions processes are available as set forth in the MN General Rules of Practice.

This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.

Link to comment
Share on other sites

On the left hand side of the envelope did it say small claims court in your city? If yes you have to go to court no questions about it!! The letter should contain time and date of your hearing. You immediatedly file your answer with the court simply means you write out why you should not pay and case should be dismissed. According to the FDCPA requires ca's to validate before they start proceedings if this is the case and it sounds like it is you simply include this fact in your answer and inform the judge!!! Now keep in mind these are the steps to take if this letter really is from your towns small claims court(civil court). If no info about the date and time and clearly is not from a courthouse this a letter from a collection agency trying to get you to pay. You simply send to them a DV letter and include that you will keep records and if they attempt to take you to court you will inform the judge the did not follow the FDCPA!! This should scare them!!

Link to comment
Share on other sites

You simply send to them a DV letter and include that you will keep records and if they attempt to take you to court you will inform the judge the did not follow the FDCPA!! This should scare them!!

Failure to follow the FDCPA is not a defense. It would be nice if it were, but that's not the case. The DV is of little use once you have been sued. Now, you must defend against the complaint.

Link to comment
Share on other sites

Now that I look at it I noticed a few things. First, I assumed that it was official because it was served by a process server. It does look official with the State of MN, County of Clay, District Court, 7th Judicial District, etc. But, where it says SUMMONS Court File No. - IT IS BLANK. How is a person or attorney supposed to answer a summons when there is no file number?

I'll wait a couple of days to see what other people say. One more thing, what is their (the attorney office) role in this? Are they supposed to follow the FDCPA as they are a law firm or are they considered the CA?

Thanks for all the advice and good info!

Link to comment
Share on other sites

Now that I look at it I noticed a few things. First, I assumed that it was official because it was served by a process server. It does look official with the State of MN, County of Clay, District Court, 7th Judicial District, etc. But, where it says SUMMONS Court File No. - IT IS BLANK. How is a person or attorney supposed to answer a summons when there is no file number?

I'll wait a couple of days to see what other people say. One more thing, what is their (the attorney office) role in this? Are they supposed to follow the FDCPA as they are a law firm or are they considered the CA?

Thanks for all the advice and good info!

You can just call the court and request the file number by giving your info and the person that is suing you.

I think that if an attorney is representing a CA they are supposed to follow the FDCPA since they are now attempting to collect a debt.

You might have to check on the violations but you probably should do a counter suit on them for violation of the FDCPA. But I'll let the other guys give a better answer on this.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.