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Summons was never served by Credigy and Associates


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I am new at this so please forgive me if I am missing any vital information.

I just found out that Credigy and Associates filed a summons in kings county courts for an old debt that they purchased from another collection agency (not the original creditor). The SOL expired December 2000, however I just found out that they filed the summons in November 28th 2006 (SOL is 6 years in NY State). I was never served....I have sent credigy 2 Debt Validation letters before they filed last november, but they never responded. I also sent them another debt validation letter on February 7, 2007. Yesterday, I received a letter from Stewart and Associates (Clients for Credigy) stating "For a limited time during this tax season only, we have received authorization from our client to offer reduced settlements or exceptional payment arrangements". They still have not responded to the most recent debt validation letter.

Should I now debt validate Stewart & Associates? Should I go down to the courts and answer the summons, since I now know about it or is it too late, since they filed November 28th 2006? The summons was issued by an Attorney here in NY (I have never heard from this person). Should I also debt Validate the lawyer here in NY? Not quite sure what to do at this point.....Can I use the SOL expired defense, since I was never served because it is now beyond six years? or, should I use the 'need to see original contract with my signature' defense in court since I have sent them numerous validation letters. Any help will be appreciated!!

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I guess I am confused, but do you know definitely that you have a current case against you? Have they gotten a default judgment yet? Whatever the situation, I would think you should go to the court house and get a copy of your case and see what the actually complaint says and all their "evidence" From that point, you can figure out if you will be submitting an answer with affirmative defenses, or doing a motion to vacate a default judgment. You have a valid reason for not showing, you didn't know your presence was requested at that little scam soirée....LOL..... Anywho, I know that there are others on here that know more of what you should do in this situation, but that is my two cents. I hope it is some help.

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I received a letter in the mail december 31st with a copy of a summons. It also had a copy of a 'verified complaint' stating that "I defaulted on a payment on or before january 31st 2002 and pursuant to the terms of the agreements they is a principal balance owed with interest and attorney fees". They filed this in kings county court house on november 28th 2006, but the post mark on the copy that I received was dated December 30th. I decided to keep it for my records because I was never officially served. What is strange is that the summons states that I have 20 days to respond, but they mailed it to me 30 days after the date that I was suppose to respond. Should I still respond to the summons? I have not heard anything else from this attorney and did not want to win a default judgement against me.

I am not sure if I should bring this summons to court and show them that it was mailed to me 30 days after they already filed or just keep debt validating them and use that as my defense.

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I really think you should go to the court house and find out about this case instead of sending DV letters. If they are currently suing you or if you have a default judgment, there are things you can do including a defense of not being served properly. You will need to check your laws in NY, I think you said NY, to see what is the procedures for giving a summons to someone. I also saw a thread on here about the county you listed. Put it under search and see what you get. If I remember right, it has a bunch of good information that I think will be a good help.

Remember: Relax, Relate, Release:p

Resse4JC

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Go to the courthouse right away.

I don't see anywhere in your post where a court date has been set?

Back in November of 2006, I found a court summons on top of my fridge. I asked the plumber who was working on the new bathroom if he new anything about it and he said, "yeah, the guy dropped it off yesterday, he said nobody had to sign for it"...

long story short: Crap One filed a suit against me, and some yahoo constable (I am assuming) delivered it to my address. There was a court date on it for the end of Jan, 2007, so I had a little time to work with. I KNOW they were not expecting me to show up so they could win by default.

The attorney that filed, apparently had no idea what he was doing because I told the judge it was SOL and the judge asked him if it was, and the attorney replied "I don't know how old it is". *rme* It's been reset til next month. In the mean time, I've sent them a DV as well as disputed with the CRA.

Even if the court date has come and gone and a ruling in their favor by default, it is the COURT who reports this to your credit report (the judgement) after the plantiff notifies them that you have not made good on the balance owed.

(This is what the court house told me, here in TN, your state may vary with it's reporting practices?)

In the very least, your court house could advise you on next steps.

One other point of interest, the law office that is suing me on behalf of Crap One, NEVER sent me ANYTHING. I wonder if it is possible they haven't really filed and are bluffing?

a long shot maybe, but you will know for sure after you check with the courthouse it was supposedly filed in.

April

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