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Received Summons but no prior notfictation-HELP!


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Last night, while I was working, my husband received a summons for judgment for collection on medical bills.

The summons is for three separate medical bills, apparently turned over to a collection agency.

If I had known that I had any bills in collection or in jeopardy of judgment, I'd have worked out a payment or settlement.

My husband and I have had major financial difficulty but several successes since visiting this site a few months ago and have settled several debts.

The total in jeopardy of judgment is 557.36, 103.00 and 510.29 + approx. 400.00 Attorney fees and 12% interest for a total of approximately 1594.00.

I would have used the DV process if I had been aware of the debts going to collection, but did not have that opportunity. Do the collection agencies have to prove that they sent previous letters?

I have used the DV sample letter on this site to each of the Medical Bills but don't have account information since it is not provided in the summons. I included the case Number stated on the summons as a reference. I plan on mailing these out tomorrow.

Does anyone have a sample letter for an appropriate written response to defend the lawsuit?

I am obviously not in a position to pay these debts in full. I am also not financially capable of surviving if my wages are garnished. I am also concerned since I am in a Human Resource position with my employer. He recently commented on another employee who recently was garnished, being a loser. My concern is how he will respond to my possible garnishment. I may be able to have the 557.36 debt removed altogether since it is not legitimate but will have to put up a fight. What are your suggestions?

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Read this:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=266614

Original post by: karrington .

I would have used the DV process if I had been aware of the debts going to collection, but did not have that opportunity. Do the collection agencies have to prove that they sent previous letters?

There was a discussion on the forum a while back about this. You could search back several pages, probably about 10 or so and see if you can find it.

What I remember being said was that the CA only need have a system in place which deals with sending out notices to the debtors. It would be a cat and mouse game for them to prove they actually sent the notice and for you to claim that you did not receive it. Unless the CA and you would both admit to you receiving and the CA sending notices I think the effort would be fruitless. Similar to 2 kids arguing at a playground, "Did to...did not... you get the point. I would not waste my time attempt to prove the unprovable.

I am obviously not in a position to pay these debts in full. I am also not financially capable of surviving if my wages are garnished. I am also concerned since I am in a Human Resource position with my employer. He recently commented on another employee who recently was garnished, being a loser. My concern is how he will respond to my possible garnishment. I may be able to have the 557.36 debt removed altogether since it is not legitimate but will have to put up a fight. What are your suggestions?

Depends upon how much you want to fight. The CA's make so much money off the default judgments from the people who don't fight or even show up in court that they can afford to waste more money and time than you can.

If it's only the $1500, then I'd say send a settlement letter to the CA and offer them somewhere around half and describe the payments you are able to make. They probably only paid %10 for the Bad Debt so they are still making %40 and interest.

Be aware that once you send this letter and make some payments that this will be acquiescing to the debt as far as the CA is concerned. It will be an argument to defeat in court also.

My husband and I have had major financial difficulty but several successes since visiting this site a few months ago and have settled several debts.

Depending upon the amount you may be called upon to pay for existing past debts it may very well be worth your while to fight. My limited experience with CA's is that they don't care how many Bad Debts you have. They'll stand in line at the courthouse.

Although the DV process doesn't require the CA to send Validation after 30 days, you could send DV letters CMRRR to the CA. If the CA does not answer, you could use its refusal to answer your questions as evidence in Court.

Here is the body of the DV that I use. Works for me.

I hereby request that you CEASE and DESIST in your efforts to collect on the above referenced account. It is my personal policy not to deal with collection agencies and I will only deal with the original creditor of this account.

This letter is a response to a notice you sent to me dated January xx, 2005and is pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (B) that your claim is disputed and validation is requested.

You must:

Explain who is the creditor.

Explain who is the original creditor.

Explain who is the debt collector.

Explain how the money accrued from the beginning of the account of the original creditor to where it is today.

Provide me with the Chain of Assignment that obligates me to pay what you say I owe.

Show me that you are licensed to collect in this state.

Provide me with your license numbers and Registered Agent

It would be advisable that you assure that your records are in order.

GIVE THIS LETTER THE IMMEDIATE ATTENTION IT DESERVES.

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