Jump to content

Received a summon!

Recommended Posts

Received a summon April 16, 2007 regarding debt I owe since 2003. The loan was original thru WAMU which that time was around $1000 plus. Was turned over to Phoenix Collection Agency and now to a law firm and the amount ballooned to over $3000. I intend to settle and pay my debt but I'm not sure how to proceed. The summons says I need to reply by legal form with in 30 days and gave several website for help but I'm not sure which one to use or which form. Should I call the court or law office or the collection agency or wamu to settle my debt? As much as possible I'm trying to avoid going to court and do arbitration. Help! Help! Help! I'm lost with all this legal thing!

1. Who is suing you? Nelson and Kennard 2180 Harvard St., Ste 160 Sacramento CA 95815

2. For how much? $3113.86 plus interest and legal fees

3. Who is the original creditor? Washington Mutual

4. How do you know you are being sued? Received a summon

5. How were you served? Were you served? My roommate signed for the summon!

6. What was your correspondence (if any) with the people suing you before you think you were being sued? Received phone calls from Phoenix Credit informing me of a loan from Citibank. At that time, as far as I know I don't owe Citibank any money. And ask for more info. Turned out that Citibank bought the loan from WAMU. After that no more correspondence since I moved and also change telephone number.

7. Where do you live? Union City, California

8. When is the last time you paid on this account? 2003

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily).

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)NO

11. Did you request debt validation before the suit was filed? NO

12. Does your summons require a response? The summon says I need to file written response at the court and have a copy served on the plaintiff and must be in proper legal form. They're claiming $3113.86, interest of 10% per year since 7/22/2003 and attorney fees. No, I did not recieve an interrogatory regarding the lawsuit.

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? They attached a Citibank Card Agreement.

14. What is the SOL on the debt? 4


Link to comment
Share on other sites

1. Believe it was August 2003. Such a long time ago and I'm not sure anymore. In the summon that the file says, August 2003 was when I breached my contract to pay.

2. Regarding Citibank instead of WAMU, I'm not sure why Citi Bank Agreement was sent to me while my debt was originally from WAMU.

3. They did not include any statement only Citibank Card Agreement rules.

Link to comment
Share on other sites

They could be talking about the date when your account charged-off, which is usually a few months after your last payment.

I'm insisting on you finding out exactly when was your las payment because if it was 4 years before they filed suit, you could use it as an affirmative defense to claim SOL.

I'm sure you can use it to your advantage the fact they don't have a copy of your original contract and they are misrepresenting obligations you supposedly have with them according to that bogus contract. It's an FDCPA violation if I'm not mistaken.

Link to comment
Share on other sites

This topic is now closed to further replies.

  • 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.