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Summons issued.


AJMK
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Hello all!

Help the 1st timer here.

If the summons are served, do I still have a chance to settle it out of the court? I only have 2 more days before the attorney will file a complaint in the court. These summons are not from the court but from the attorney.

Is it a good idea?

I am ill all the time and have a dire financial situation and I am not able to work and have so many medical bills piled up.My husband takes care of me.

Can I write a goodwill letter to the attorney who is trying to sue us for Chase Bank.

The amount I owe shown in the summon is almost $1000 more than my original credit limit($2000).

Please advice me if anyone had the similar situation in the past.

One of the reasons I didn't continue to pay that card was that they were asking $240 as the minimum amount due and it was very hard.

I called back and no one tried to help and left me no other choice but to stop paying them. I wanna get back on my feet and establish my credit.

Thank you all in advance.

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It has 4 causes of action like breach of contract, not paying the minimum amount due etc etc. saying the same amount (10% interest, attorney fee $600, etc etc) in all 4.

It is has a phone # where I have to call after 13 days from the date the summons were served(May 18,07). It says I have to contact the attorney within 10 business days or he will file a complaint in the court. So my understanding is that I still have a chance to settle it out of the court, right?I don't know if they will later send me 1099 or not.

But if he takes me to court, then I will have to pay the whole amount(I guess).

What is better; out of the court or appear before the judge?

Mind is numb...sorry...not working at all what to do.

Thanks for the reply in advance.

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Boy those dunning letters are getting better and better, maybe there's a violation in there as well, that doesn't sound like a summons to me, a summons is issued by the court, and served to you by a process server, did this letter arrive in the mail? whats the details on your outstanding account?

Does the letter have the typical civil miranda contained in a typical dunning letter?

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The summons (or whatever it is) says:

Attorneys address here.

In the District Judicial Court

WW Recovery,LLC

LLC Company

Plaintiff

vs

My name here, an individual

And John Does 1-20

Defendants

Summons:

Case #:Nothing here.

Judge:Nothing here.

The state of XYZ to the above named defendant:

You are hereby summoned and required to file with the clerk of the above court, at XYZ address, a written answer to the attached complaint, and mail or deliver to the plaintiff's attorney, at the address shown above, a copy of your answer within twenty days after service of this summons upon you.

If you fail to answer, judgment by default will be taken against you for the relief demanded in the complaint, a copy of which is attached and herewith served upon you.

If the complaint is not filed with the court within 10 business days after service of this summons upon you, then you do not need to file an answer to the complaint. You may call the clerk of the court at 123-555-1212 at least 13 days after service of this summons upon you to determine if the complaint has been filed. This is an action to collect an unpaid debt.

This guy also sent me a letter asking me to pay a month ago or he would take me to court and now this.

Please let me know what you think would do in a situation like this.

Thank You all in advance.

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Also:

Ist causeof action:

Breach of contract

2nd cause:

For money paid out, laid out or expended

3rd cause:

For money due on account stated

4th cause:

For money due on open book account.

As to all causes of action:

1.For principal sum

2.For interest @ rate of 10%/anum from 2003.

3.Attorney's fees.

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You need to call your local Court Clerks Office and see if there has been a suite filed against you....If they have no file or case number, he is blowing smoke up your butt. Its a scare tactic and a FDCA violation to seen you something like that in the mail.

If they indeed have NOT filed a suite, I would immediatly send this joker a DV and a C&D letter and let him know UPFRONT that they have violated your rights.....then sue his a$$.

You need to send the Debt Validation letter to make sure that he is INDEED offically obligated to collect your debt. They must PROVE to the court, you owe them money.

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Better yet, you may have a fraudilant instrument, since it indicates it's from the Court and a summons, maybe go to your local court house and show them what you have received to determine whether it is in fact a summons; which, I don't think it is, maybe you could also start a criminal action against them as well as a civil one.

If this baby is fake, sue the pants off this guy....

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Well, in his previous letter he also says:

If you do dispute it by notifying me in writing, I will obtain and mail to you the proof of the debt.And if you request the name and address of the original creditor, if original creditor is different from the current creditor, I will furnish that information to you too. The law does not require me to wait until the end of the 30 day period before suing you to collect the debt.If you request proof of debt or name and address of the original creditor within 30 day period, the law requires me to suspend my efforts (through litigation or otherwise) to collect the debt until I mail the requested info to you.

************

Well, what do you think...it looks legit to me.

Please advise.

Thanks again in advance.

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Wow!! this is getting better and better, Civil Miranda altered style, "don't have to wait 30 days to sue you" I smell major chicanery

with intimidation to add boot, to make you believe you are being sued so pay up ...

What exactly are the circumstances surrounding this debt, is it a Credit Card ?, when did you make the last payment on the card ? etc....

Whats the Attorneys Name on this summons?, and who does he indicate he is representing CA or OC ?

These two letter's may be worth a lot of money to you, I say Sue this Bum...

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I think I will not disclose his real name here but he is representing WW Recovery, a CA, who bought the credit card account from Chase Manhattan Bank.

I have no idea when was the last payment made. It was somewhere in 2004.The account was opened in 2003 according to his letters ,but I don't exactly know.

I also think that I am not in a position to sue him or the CA because it will cost money and time too. I want him off of my back because I don't have the strength or money to fight these people.BTW what kinda sue you had in mind, Edwin?

I also suspect that if I settle this with them or he gets a judgement against me, there will be more people who might take the same route and come after me and that will break me.

Any other step by step suggestions, if possible.

Thanks again for all your concern and help.

P.S. I googled him and he is a bankruptcy lawyer. I didn't find a group of attorneys with his name or profile.

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Is this collection on any of your credit reports?, Idaho sol is 4 years, be nice to know exactly when you made your last payment on this credit card for sol purposes.

I would write to the Idaho Attorney general office and make a complaint there, check with your local court and determine if this bum has filed anything as he relates he will, understand what he is doing is wrong, 1. I think the paper's regarding you being sued are fake, 2. you are allowed 30 days from the time you received the first dunning letter to request verification, and once you request verification all collection efforts stop until the matter has been properly verified, stating he doesn't have to wait 30 days to sue you is also false.

Maybe the more expierenced members here can give you better guidence regarding this matter....

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Is it gonna be too late if the complaint has been filed?

Yes, this appears on my credit report which I pulled last year.

I think 30 day time period has passed because the first letter dates april 15.

My husband was saying maybe end of 2004 or early 2005 when we stopped paying.

How does SOL affect anything?

Thank you .

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I found the last years credit report I pulled and here is some info in there regarding this account.

It says:

Acct #: xxxxxxxxxxxxx Current status: Charge off.

Acct owner: Individual acct. High credit: $0.

Type of acct:Revolving credit limit:$2000

Date opened: 02/2003. Balance: $3111

Date reported:11/2003. Amount past due: $500

Date of last payment: 04/2003. Actual payment amount: $65

Scheduled payment amount: $80

..

..

..

Charge off amount: $3111

Looks like the SOL applies here( which is 4 year) but how can it save me from this guy?

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Wow!! this is getting better and better, Civil Miranda altered style, "don't have to wait 30 days to sue you" I smell major chicanery

with intimidation to add boot, to make you believe you are being sued so pay up

Actually, that is a safe harbor language written by the court in Bartlett v Heibl.

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Go here for sol information, http://www.bcsalliance.com/y_debt_sol.html

Looks like you just made sol on this account....

IHateCA's very interesting case, found it here, http://lw.bna.com/lw/19971028/971946.htm for the membership to view,

But, does it contain OverShadowing and Contradicts the payment request as detailed in the Case of "Chauncey v. JDR Recovery Corp" http://www.homesteadpropertyexemption.info/index.php?action=vthread&forum=31&topic=90

They are after all asking for a partial payment within a week of receiving the letter....in the Bartlett v Heib case. it explains the suit part, but what of the partial payment request??

"The court concluded, by way of an exemplary "safe harbor" letter, that if a debt collector threatens suit within the 30-day validation period, it should also provide the debtor with a full explanation of the relationship between the creditor's right to sue and the debtor's right to verification."

And what is the meaning on "Full Explanation" as detailed in the above paragraph ??

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I don't see anywhere in the letter where it said he had to make payments before the 30 days was up or else.

Without seeing the previous letter, I can't say one way or the other. From what I see now, there is no overshadowing or any other violations.

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I really don't know when did I default but the

Date of last payment is 04/2003 on the credit report pulled in 2006.Is it not the date of default?

I read all the articles and cases but in every case there is some information that is different from the previous one and makes it hard for me to decide what to do next.

I think the SOL applies here but in case he takes me to court, what can happen there? He will not get a penny because I don't have any.

Do you think I write him not to contact me cuz SOL is met here? or something else?

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Here is previous complete letter:

Dear AJMK:

This office has been retained to represent the interest oh WW Recovery regarding the above acct. It is my understanding that WWR has communicated with you, inviting you to amicably resolve the amount, but has heard nothing from you in return. If you wish to resolve this matter without formal litigation, feel free to contact me, or have your attorney contact me. Otherwise if I do not hear from you by one week from the date of this letter, I will proceed with litigation.

This communication is from a debt collector. Fed law require us to inform you that this is an attempt to collect a debt and any info obtained will be used for that purpose. Fed law gives you 30 days after you receive this letter to dispute the validity of debt. If you don't dispute it within 30 days, I will assume that it is valid.

If you do dispute it by notifying me in writing, I will obtain and mail to you the proof of the debt.And if you request the name and address of the original creditor, if original creditor is different from the current creditor, I will furnish that information to you too. The law does not require me to wait until the end of the 30 day period before suing you to collect the debt.If you request proof of debt or name and address of the original creditor within 30 day period, the law requires me to suspend my efforts (through litigation or otherwise) to collect the debt until I mail the requested info to you.

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