Civil Summons-State of Tennessee, County of Shelby----NEED HELP

[lovelydria]

I just recieved a civil summons from Hudson and Keyse, LLC they say that I have to be in court on Dec. 4, 2007. The debt is for $1129.49. I know that this debt is from a collection company.. I have been reading on here about what to do, but I am a little lost, can someone please help.. I read on here that if it has a response time on it then I can send in a letter, well i call the place and ask how much time do i have to respond and she said you need to come to court. The lady was very nasty and I want to know what is my next steps please help if you can....

[myscoresawful]

by all means, SHOW UP!

The judge will ask you if you owe it and you say no. He will reset it to another court date. This will buy you more time as well as make the lawyers think twice about how much time (money) they want to invest in something they may or may not be able to recover. (this is especially unnerving to them if they can not validate the debt, because it is up to THEM, to prove you owe it, not the other way around.)

Next, get the contact information off of the summons and send them a DV letter, CMRRR right now!

Some people will say that it is fruitless to DV someone after they have sued you, but that is not true. If they send you proper validation, then you will know what you are up against, if they send you bull crap papers that don't prove anything, then you will know what your defenses are. If they simply ignore your DV request, then you take the green card to court with you, either the Dec 4 hearing if you have it back by then and you should, or the reset date and say, "your honor, I am not familiar with this debt and I have TRIED to work with them to find out what it is and they have ignored my offer to resolve this issue. They apparently have the wrong person or they would have worked with me(change this to fit your own situation). Then hand the judge the copy of the green card.

[pbpb]

Is that the only feasible excuse - "I don't owe it"? Is there another defense?

I think I couldn't lie to a judge and besides what if they come up with some proof and the judge turns to me and says "You just said you didn't owe this"?

Anybody?

[lovelydria]

Date: November 07, 2007

Re: Acct # A Debt You Say That I Owe

To Whom It May Concern:

This letter is being sent to you in response to a civil summons to me on November 7, 2007. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

 What the money you say I owe is for;

 Explain and show me how you calculated what you say I owe;

 Provide me with copies of any papers that show I agreed to pay what you say I owe;

 Provide a verification or copy of any judgment if applicable;

 Identify the original creditor;

 Prove the Statute of Limitations has not expired on this account

 Show me that you are licensed to collect in my state

 Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

 Violation of the Fair Credit Reporting Act

 Violation of the Fair Debt Collection Practices Act

 Defamation of Character

 If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

Your Signature

Your Name

also they don't even have a account number on the civil summons

[lovelydria]

?

[elgin2007]

Lovelydria,

I want to offer you HOPE from the GREAT state of TENNESSEE. There is life after court. I know because I went today and I WON!xdancexxdancexxdancex

I posted my experience. i will try to find it for you. The first thing that you must do it ask for a Debt Validation. I Dv'd everyone that was on my summons.

don't wait, do it ASAP!

[elgin2007]

I Won!!!

++++++xdancexxdancexxdancexxdancex

--------------------------------------------------------------------------------

I WON MY COURT CASE AGAINST AIS/HOUSEHOLD!

Now thw concern that I have is that I could not find information about court procedure. I was very apprehensive about what would take place in court. For those of you who have yet to experience DEbtor's Court, I will try to paint the picture as to what I experienced on My Court Date :BigDance::BigDance:

First, I had to pay to park, I didn;t have any cash, the girl parking the cars was gracious enough to let me park then run to the ATM and come back and pay her.

Next, I proceeded to the Courthouse, you must go through the metal dector remember to take all the contraband off your person, because they will throw it away. (fingernail files, nail clippers, mace spray on key chains, ect)

If you don't know where your court is, go early and ask the clerk.

Go into the court and take a seat.

turn off your CELL PHONE!

Now, about your appearance, present yourself as though you know what you are doing, The right APPEARANCE EXHIBITS CONFIDENCE.

gather all of your paper work together the nioght before

This is what I saw, as I walked in, the people were swarming to make arrangements with the lawyer. They were going to him. After he finished with them, he came to me. I told him my name, and he politely said that WE ARE DISMISSING OUR CLAIM AGAINST YOU. I asked about a copy, he said that I would have wait on the clerk. So, I sat down. The judge comes in and we stand in honor of the court. The judge then starts the proceedings. The judge ask this lawyer how did they come up with the amounts that they came up with. I could tell that they were cheating the people. I heard some debts that were SOL, but for lack of knowledge, the people settled. Then the judge begin to intimidate the people. If they disagreed with the amount, he would ask them what they thought they owed. They would actually say a figure. I was in my seat saying don't do it. or no, no, no. All before me agreed to settle. Then, he came to my name. I stood in confidence, from the information that was shared with me and the fact that I had asked God to be with me and turn the heart of the people in my favor. So, he called my name and the attroney said that it was dismissed, then the judge said with or without prejudice, he said without prejudice, with no chance for further suits. Cost on the planitiffs. I FELT AT THAT POINT THAT THE WIEGHT OF THE WORLD WAS LIFTED FROM MY SHOULDERS.

IT FELT GOOOOOOOOOOOOOOOOD, REAL GOOOOOOOOOOOOOOOD.:signfun:

I HAVE TO PINCH MYSELF TO MAKE SURE THAT I AM NOT DREAMING. I HOPE THAT THIS GIVES THOSE THAT ARE JUST STARTING OUT, HOPE TO FOLLOW THROUGH, IT IS WELL WORTH IT. MY CREDIT SITUATUION IS TURNING AROUND. READ THE WHO'S GIVING ME CREDIT TO FIND OUT WHO IS GRANTING ME CREDIT.

::allhail::IT FEELS GOOD!IT FEELS GOOD:BigDance:

::travolta::elgin2007::travolta::

[lovelydria]

Thanks very much.... I have sent them the letter after getting the summons. I got the green card back meaing that someone sign for it. Now I am waiting on the results and court date....Thanks so much...also is there anything else that I need to do.

[elgin2007]

who all did you send the DV to? I sent one to every that was listed on my summons, even one to the courts.++++

elgin2007

[virtualrn]

What an awesome story-that ought to give you courage...I don't know, I don't owe, I don't recall, I requested information from this company and they didn't comply! Good defense! Good luck!

[StressPot]

Thanks very much.... I have sent them the letter after getting the summons. I got the green card back meaing that someone sign for it. Now I am waiting on the results and court date....Thanks so much...also is there anything else that I need to do.

DV'ing does not normally help you once a lawsuit is filed against you. All you did in response was send a DV? I would quickly find out if you have to actually file an Answer in your defense.

This is good reading: http://www.tennlegalaid.com/welcome

See if you can find out if just need to show up, or if you need to file an answer.

Beyond that - can anyone else chime in with advice?

StressPot

[EAnde12377]

Hi I am in the Memphis area and I am going through the same thing as you are. However I have hired a local consumer law attorney named Bruce Ralston. I was researching in the forums and someone referenced the site naca.net to find a lawyer in your area. He seems to know this business pretty well and he charges a flat frr of $200. His number is 901-543-5045 He said that most of the time when he sends a company a letter that he will be defending you in court they drop the case, but this does not happen always, it is definetly worth a shot.

[lovelydria]

Thanks Very Much!!!! I Will Do.

[kevin3344]

DV is not a defense to a lawsuit, so it seems like you are doing the right thing by enlisting help. Unless you know the Rule of Civil Procedure (RCP) very well for your locale you're doing the right thing by hiring a lawyer to represent you. Don't try to do this alone; it's worth it to invest a few hundred dollars.

The question is, is this debt yours, and if so, how old is it? Did they provide any proof with the summons when they served you? Can you use the SOL in your defense? Of course your lawyer will help you in this regard but those are some of the questions you will need to consider.

[lovelydria]

The debt is mine but on the summons it did not say who the OC is so I am thinking that they have to prove it to me in court and if I say no I guess that will be cool because I don't know what debt it is for or from who. If they prove how they got from 500 to 1200 I will try to settle a debt but until then they have to prove it and there were not even worried about the debt until I disputed it online. so DEC 4, 2007 is the big day and hopefully it goes well.

[lovelydria]

I have been to court and I talked to the people that holds that account, The debt is for a First TN credit card that I got back in 2004 or 2005, but anyway when I went to count they showed me a statement saying that this is what I owe and so on and so fourth, I asked how did you all come up with this amount and she said that the balance was court cost, the credit card, and that's how they got that amount. I seen that they had recieve the DV letter that I sent them, and I quickly asked, why you did not send me DV on this account, the lady said well Ms. Loveydria, we are going to have to reset the date and mail out to you that information, I guess my question to you guys is what should I do in the mean time... I was wondering could I go to court and settle with them for 60% or 30% of the OC amount or would I have to settle 60% or 30% for the court amount.....I would like if anyone could help me with this information.....

[kevin3344]

Did you go before the judge?

[lovelydria]

no. I talked to them before the court time

[lovelydria]

?

[zfire]

They did this because you were going to challenge them?

Gosh I donno, but if it's a junk debt buyer, Maybe you could question

their authority to even collect the debt.

(just my opinion, cause I've never been to court)

[kevin3344]

I would wait to see what they send you regarding validation of the account. Once you get that you can determine if it really is copies of the original account, that you are within SOL for your state, etc. At that point you can settle with them. Start low (since they bought it for pennies on the dollar). Of course you will want a written agreement in place that they will dismiss once you settle the amount in full.

[EAnde12377]

Did they order you to pay anything, or did you just agree to pay them something before you all went before the judge.

[montanatim]

It was asked by KEVIN 3344: "Did you go before the judge?

no. I talked to them before the court time

Just the attorneys? Did you stay to see if anything happened when the judge came in?

I have a very suspicious mind, when it comes to debt collectors and their attorneys. I would call or visit the court, and find out just what the status of the case is. Maybe I'm paranoid, but I wouldn't put it past them to lie to you out front, and then get judgment against you, if you left.

[lovelydria]

I have to go to court today at 1:30p.m for the third time about First TN Bank... last time I went to court about 2 months ago the Judge allowed them 2 months to give me the billing statements, also in between the 2 months, they have sent me letter saying that I need to settle this account. Is that a violation if they send me a letter during the time they surpose to be sending me billing statements?... also what do I say in court if they still can't show me billing statements from First TN Bank?....

[lovelydria]

?