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Summons question


HoundMom
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Hello, all. I'm writing to ask a question about a summons that a friend got today. He owes a Providian credit card account, and was contacted a few weeks ago (by mail) by the law firm of Borns and Steele regarding this account. Not knowing about any of the laws regarding credit card debt, he tossed the letter aside. Today, however, he received a summons to appear in small claims court for this $1900 debt. He didn't ask for debt validation; he hasn't spoken with these folks over the phone . . . he just got one letter and now a summons.

What can he do at this point? Can he write to the CA/law office and ask for debt validation? Apparently they've sent a copy of a Providian credit card contract, but not the one he signed. Just a generic application. He has no information about how they arrived at the amount they say he owes, and is now checking to see when he made his last payment. It could be that this debt is out of the SOL. Basically, he has no info about this at all from Borns and Steele. Any suggestions here?

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How can they successfully sue, tho, without any kind of verification that they own the debt, and prove how they came up with the dollar amount? CERTAINLY there is something he can do at this point. What would happen if he DV'd them? Should he file some sort of motion to dismiss on the grounds that no validation has been provided, or wait until he gets in front of a judge?

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These bottom feeders sue all the time and hope the defendent doesn't answer the summons and/or show up in court so they can get an easy default judgment

There's plenty that can be done.Start out by researhing your local rules of civil procedure.

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