momof3b1g Posted November 21, 2008 Report Share Posted November 21, 2008 I tried to settle with the attoneys who have my cc account. here is what i posted..Well hopefully I didn't screwed up. I called to see what the info was on this. They said that they know its my debt because it has my name and SS#. I asked what it would take to take care of this they said payment in full. She said about sending it to financial but wanted my work info. I wouldn't give it to her, told her i would check with my lawyer.Were they out of line or should i suck it up and get the debt paid off? Link to comment Share on other sites More sharing options...
willingtocope Posted November 21, 2008 Report Share Posted November 21, 2008 IMO, you should first go through the DV process. Make them prove they have the right person, the right account, the right amount, and the right to collect in your state.All you've got right now is somebody who claims to know you owed somebody some money and your SS#. I'd say you need more proof than that before you cough up money... Link to comment Share on other sites More sharing options...
momof3b1g Posted November 21, 2008 Author Report Share Posted November 21, 2008 Is it to late to file? Seeing I already contacted them? I would have to send it overnight to get there by tuesday. Link to comment Share on other sites More sharing options...
willingtocope Posted November 21, 2008 Report Share Posted November 21, 2008 Why tuesday? Is that the court date? If so, then a DV is too late. Link to comment Share on other sites More sharing options...
momof3b1g Posted November 21, 2008 Author Report Share Posted November 21, 2008 NO, I have never had a court date. The summons says I have 20 days to awnser the complaint to the attorneys of the plantiff(Midland) Link to comment Share on other sites More sharing options...
willingtocope Posted November 21, 2008 Report Share Posted November 21, 2008 I'm confused. You've got a "summons" but it doesn't have a court date on it? It sounds like they've sent you "discovery" questions. Is that it? If so, search the site here for answers. Basically, you agree to you name and address and respond "insufficient information to affirm or deny" to everything else. Link to comment Share on other sites More sharing options...
momof3b1g Posted November 21, 2008 Author Report Share Posted November 21, 2008 This is what the first page says...The paper says..You are hereby summoned and required to serve upon the attorneys for plantiff and awnser to the complaint which is herewith served you within 20 days afetr service of this summons upon you, exclusive of the day of service. if you fail to do so judgnebt by default will be taken against you for the relief demaded in the complaint. Please take notice that alternative dispute resolutions processes are available as set forth in the Mn general rules of practice. Link to comment Share on other sites More sharing options...
willingtocope Posted November 21, 2008 Report Share Posted November 21, 2008 Did that come from the court? If so, call them, and ask when the case is scheduled to be heard. If not, find a www.naca.net lawyer in your area...you've got a case against these people for "overshadowing". Link to comment Share on other sites More sharing options...
admin Posted November 21, 2008 Report Share Posted November 21, 2008 They know it's your debt because they have your name and SSN. What a laugh! The Tuesday deadline is just a date they threw out there, it's not relevant to anything. Call the court and see if there is an actual case filed. Is there a case number? It sounds to me like this is an unfiled case. Link to comment Share on other sites More sharing options...
momof3b1g Posted November 21, 2008 Author Report Share Posted November 21, 2008 I have called the courts and also went to the courts. I talked to a lawyer and the courts this is legal. Some states follow this same procedure, but other states allow service of the summons and complaint by delivery directly to the defendant. In those states, the lawsuit is considered begun as soon as the defendant receives the papers,even though nothing has yet been filed with a court. Actions commenced in this way are sometimes called "hip pocket" suits. Link to comment Share on other sites More sharing options...
Methuss Posted November 21, 2008 Report Share Posted November 21, 2008 Well you have a thread open about bankruptcy. If that's the direction you are going, this service of summons won't get very far. As soon as you file a bankruptcy, the court case must be dismissed and they must go through the BK court...where they will likely get nothing. Link to comment Share on other sites More sharing options...
momof3b1g Posted November 21, 2008 Author Report Share Posted November 21, 2008 Honestly I'm not sure where to go with this. My husband would rather not file BK. We are not sure what we would lose in the BK. I have asked my dh to check with his parents so we can talk to their lawyer they used. Link to comment Share on other sites More sharing options...
momof3b1g Posted November 22, 2008 Author Report Share Posted November 22, 2008 I think i will just send this letter. Seeing I already talked to them and told her i didn't know anything about this debt.. any comments?Date Your NameAddressCity, State ZipDebt Collector’s NameAddressCity, State ZipRe: Account NumberDear Debt Collector:This letter is sent in response to <phone call/letter> received by you on <date>. Pursuant to my rights under federal debt collection laws, I am requesting that you provide validation of this debt. Note this is not a refusal to pay, but a request that your offices provide me with evidence that I have a legal obligation to pay you. You are hereby notified that if you do not comply with this request, I will immediately file a complaint with the Federal Trade Commission and the [your state here] Attorney General’s office. Civil and criminal claims will be pursued.Sincerely,Your Name Link to comment Share on other sites More sharing options...
cajunbelle Posted November 22, 2008 Report Share Posted November 22, 2008 you may also need to file an answer such as "i deny I owe any money to this plaintiff. I do not know how this plaintiff is. Even if you are filing BK make sure you file an answer so there is no default judgment filed against you. Link to comment Share on other sites More sharing options...
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