kcobraii Posted July 6, 2007 Report Share Posted July 6, 2007 Hello all. I've searched these forums for a few weeks and have found lots of good advice. I'm not sure if my problem can be helped.Well those sneaky CA's served me with papers about 2 weeks ago for a hospital bill that is ridiculously high. I don't recall even getting a bill through the mail from the hospital at all. It was for an emergency room visit back in Oct. 06 for a kidney stone.The very last page of the summons is from the law firm (CA) stating: "Since I have the authority to settle the referenced debt for less than the balance owed, please call me today." Yours truly, blah blah And they are also not reporting on my CR's yet. I'm suppose to answer the letter in so many days. So what do I do? DV them since they have initiated the summons or how am I suppose to "answer" the summons?Thanks for the advice! Link to comment Share on other sites More sharing options...
TheRoadBack Posted July 6, 2007 Report Share Posted July 6, 2007 Hello all. I've searched these forums for a few weeks and have found lots of good advice. I'm not sure if my problem can be helped.Well those sneaky CA's served me with papers about 2 weeks ago for a hospital bill that is ridiculously high. I don't recall even getting a bill through the mail from the hospital at all. It was for an emergency room visit back in Oct. 06 for a kidney stone.The very last page of the summons is from the law firm (CA) stating: "Since I have the authority to settle the referenced debt for less than the balance owed, please call me today." Yours truly, blah blah And they are also not reporting on my CR's yet. I'm suppose to answer the letter in so many days. So what do I do? DV them since they have initiated the summons or how am I suppose to "answer" the summons?Thanks for the advice!If you have been served it's a little to late to dv. You need to answer the papers or seek legal advice. Link to comment Share on other sites More sharing options...
chelseagirl Posted July 6, 2007 Report Share Posted July 6, 2007 I agree, it is too late to DV. Answer the summons and if you want to settle the debt for less, call and work something out. If you don't answer the summons in the time allowed, there will probably be a default judgement filed against you. Link to comment Share on other sites More sharing options...
momof5 Posted July 6, 2007 Report Share Posted July 6, 2007 Were you really served? Sometimes CAs will mail crap that LOOKS like you have been sued and it is not real! Unless you were served by a process server, I would check with the courthouse and see if they have really filed! Link to comment Share on other sites More sharing options...
aspidermonkey Posted July 7, 2007 Report Share Posted July 7, 2007 Even if you were served by a process server you can answer the response like a VOD, see the following:If the initial communication to the debtor is a summons and complaint, it mustcomply with 1692g. Thomas v. Simpson & Cybak, 354 F.3d 696 (7th Cir. 2004); Sprouse v. City Credits Co., 126 F.Supp.2d 1083, 1089 n. 8 (S.D.Ohio 2000) (finding that a summons and complaint served in a state court action constitute "initial communications" under the FDCPA); Romea v. Heiberger & Associates, 163 F.3d 111 (2d Cir. 1998) (statutory five-day notice is “communication”); Mendus v. Morgan & Assoc., P.C., 994 P.2d 83 (Okla. App. 1999)(summons is “communication”); contra, Vega v. McKay, 351 F.3d 1334, 1335 (11th Cir. 2003); McKnight v. Benitez, 176 F.Supp.2d 1301, 1306-08 (M.D.Fla.2001) (holding that a summons and complaint do not constitute "initial communications" triggering the debt validation notice requirements of § 1692g). The requirement in the summons that the defendant answer within 30 days or less will conflict with the validation notice and at least requires the “qualifying language” of Bartlett v. Heibl, 128 F.3d 497 (7th Cir. 1997). See In re Martinez, 311 F.3d 1272 12(11th Cir.2002). Claims may also be brought for false statements in state court pleadings. Collins v. Sparacio, 03 C 64, 2003 WL 21254256 (N.D.Ill., May 30, 2003). Section 1692g( then provides that if the consumer disputes the debt in writing, the collector must cease further collection efforts until the validation procedure is complied with: Disputed debts ( If the consumer notifies the debt collector in writing within the thirtyday period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of theoriginal creditor, the debt collector shall cease collection of the debt, or anydisputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.Whatever you do respond to the complaint/summons. If you want a sample VOD let me know. Link to comment Share on other sites More sharing options...
kcobraii Posted July 7, 2007 Author Report Share Posted July 7, 2007 Thank you all for the responses. Now that I know I must at least communicate with these people, I'm gonna call Monday.Momof5: Yes I think they were legitimate papers. But I will make sure they are real. Thank you for making me aware of the trickery.I should have mentioned in my original post that they didn't actually deliver them to me personally. I wasn't home at the time and my girlfriend unknowingly signed for the papers. I didn't think that made any difference though, because they now know where I live. And on top of that, they took her name, age, hair color, weight, etc. So I wouldn't even think of getting her in trouble by saying she never signed for them.So I guess my question would be now, Do I just call them and see what kind of deal they are willing to make?Thanks all. Link to comment Share on other sites More sharing options...
RSB Posted July 7, 2007 Report Share Posted July 7, 2007 And on top of that, they took her name, age, hair color, weight, etc. So I wouldn't even think of getting her in trouble by saying she never signed for them.Thanks all. I WOULD NOT give that information to anyone asking me to sign for delivery of papers. Link to comment Share on other sites More sharing options...
NoMoreCards Posted July 8, 2007 Report Share Posted July 8, 2007 I WOULD NOT give that information to anyone asking me to sign for delivery of papers.Boy, you're not kidding. But, I'm guessing it's of no real consequence. I've heard of servers who fake the details on their reports.kcobraii, just curious...have you checked the web site of the Superior Court in your county to see if your name appears? Link to comment Share on other sites More sharing options...
chucksnee Posted July 8, 2007 Report Share Posted July 8, 2007 I wasn't home at the time and my girlfriend unknowingly signed for the papers. I didn't think that made any difference though, because they now know where I live. And on top of that, they took her name, age, hair color, weight, etc. So they have ALL this information on someone....that is not you....that signed for "SOMEONES" paperwork. Link to comment Share on other sites More sharing options...
olywa Posted July 9, 2007 Report Share Posted July 9, 2007 I hate to direct traffic away from this site...but there is a great place to get the answers you needgoto www.creditboards.com and go under the credit forumthere is a section called "Help, I've been served."it will give you all the directions you need Link to comment Share on other sites More sharing options...
momof5 Posted July 9, 2007 Report Share Posted July 9, 2007 We have our OWN help here......under "Is there a lawyer in the house?" forum. Link to comment Share on other sites More sharing options...
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