Just rec'd summons and complaint

[t9w2rl]

Greetings and hello,

I am new here and this is my first post.

Today I received a Summons, Complaint, and Request for Interrogatories, Request for Production of Documents, Request for Admissions. This was hand delivered to my home, my daughter answered the door and these documents were given to her without the benefit of being enclosed in an envelope. The date on the documents is Nov 14, and they demand response within 20 days after service of Summons and failure to do so will be judgment by default and action will be taken for relief. These documents are signed by a “law firm” in my area.

I first received a letter from this “law office” dated Nov 10, and prepared the validation letter but did not place it in the mail. My questions are about how to respond.

1. They did not validate the debt and I did not send them a request to validate yet, and because I have now received these documents, do I prepare a response to the complaint and request for admissions? I could respond to each question by saying something like, “alleged debt has not been validated” and send a validation letter along with the response.

The fact that they dated it Nov 14, delivered Dec 5, with a requirement to respond within 20 days before they take action makes them appear to be anything but legit.

2. Instead of responding to the actual summons, etc., should I send a validation letter with a sentence saying that I am responding to the summons, etc, dated Nov 14, delivered Dec 5?

Any help you can offer would be greatly appreciated thank you very much.

PS - They are asking me to admit to the debt! A few of the questions follow.

From the “law firm”

Request for admissions that each of the following is true:

1. admit that subsequent to the initial credit card account application, for the unpaid account on which this litigation is based, that:

a. you received the credit card for this account

b. you received account statements on said account

c. you used said credit card on said account

d. you never communicated to the credit card issuer that…

etc, etc, etc.

[brokeinok]

You should have received a summons for a court proceeding before these other things.

Have you checked with the courts in your area to be certain there is actually a case filed?

[brokeinok]

Okay.. duh, now I see where you said you did receive the summons. I think it might be time for me to go to sleep now!

You need to look go here

http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=242744

and answer these questions so people will be better able to understand your situation.

[Recovering Attorney]

You have 20 days form the day you received teh summons ot answer it.

DOn't bother with the DV now, it will be ignored. Answer with your defenses and ask for discovery.

Go to naca.net and see if there is a naca attorney in your area. There are some good ones in MN

[Textoy]

Does the submittal of the lawsuit within the 30 day dunning letter period constitute overshadowing?

[bigjohnstud4200]

PS - They are asking me to admit to the debt! A few of the questions follow.

From the “law firm”

Request for admissions that each of the following is true:

1. admit that subsequent to the initial credit card account application, for the unpaid account on which this litigation is based, that:

a. you received the credit card for this account

b. you received account statements on said account

c. you used said credit card on said account

d. you never communicated to the credit card issuer that…

etc, etc, etc.

This means they probably have no proof and are going to rely on your "admissions".

1. admit that subsequent to the initial credit card account application, for the unpaid account on which this litigation is based, that:

a. you received the credit card for this account

b. you received account statements on said account

c. you used said credit card on said account

d. you never communicated to the credit card issuer that…

1a) I received many credit cards but am unfamiliar with this one, therefore I require strict proof.

1b) See 1a

1c) See 1a

1d) See 1a

Not saying this is how you need to answer, but I'm sure you could find a way to make them prove this debt.

[Optimus_SubPrime]

Have you checked with the courts in your area to be certain there is actually a case filed?

In Minnesota, an action is commenced when it is served on the defendant, not when it is filed. This is called "pocket service", or "hip pocket service", and it means that the legal clock starts ticking once you've been properly served, even if there's no case docketed against you yet. So be careful.

If your initial contact from the law office suing you was on Nov. 10, you still have time to send off your request for debt validation to them. Law firms that regularly collect debt are debt collectors under the FDCPA, and have to abide by it. This doesn't provide you any protection in court if they continue their lawsuit against you, but if they can't or won't validate the debt, you have a claim you can pursue against them that can ultimately provide leverage for negotiating a settlement, or offset any potential loss.

If I were you, I would also send off a DV letter to the actual plaintiff right away. I know firsthand that DVing a plaintiff looking for an easy default judgment can prompt them to reconsider legal action, especially when you start putting up a fight.

At any rate, it doesn't take a lot of effort. Your DV letter doesn't have to be long and complicated. Just tell them in plain terms that you dispute that you owe the plaintiff the amount they claim you owe, and that you request they validate the debt according to the terms of the FDCPA and follow its guidelines. You definitely need to keep your main focus on the lawsuit against you, but not DVing the law firm is just giving up your rights, and would be foolish, IMO.

It's tough being hurled headfirst into the legal system like this, and being expected to represent yourself. That's what they count on. You'll get the best result here if you hire an attorney, but once you've been sued, the initial retainer often goes up. Still, a good attorney will see violations you won't, and the first visit is free, so it's a very worthwhile thing to do. If you need recommendations, PM me.

If you can't afford to hire a lawyer, you may be able to get help filing your answer from the Volunteer Lawyers Network by calling 612.752.6677 and asking about their debt collection defense clinic.

In the meantime, READ THIS.

It's a step-by-step guide to responding to a debt buyer lawsuit in Minnesota, and will help you understand and complete your answer, discovery requests, and affidavits of service. It should help enormously.