firecapt13 Posted March 25, 2009 Report Share Posted March 25, 2009 Yesterday my wife recieved a civil summons from a sheriff. It was for an old Home Depot card that was sold to LVNV. The attorney is a local attorney. the summons says to answer in writing our answer to the claim they are seeking. We have to mail answer within 30 days to law office and to clerk of courts office. Total is 1650.00. Today I got a robo call from the attorneys office that siad to call. I have a few questions regarding this.1. Is there a specific format to use when answering the claim. 2. Can I offer a settlement in our answer. We now have means to do this.3. I DV'd them when I recieved a letter in January. I havent heard anything from this. My mistake i did not CMRRR this just regular mail. 4. After they file suit can they still call us? I plan on writing a letter and offering a settlement with a sob story and hope for the best. Any advice will be appreciated. I am in NC and it is still within SOLThank you Link to comment Share on other sites More sharing options...
Recovering Attorney Posted March 25, 2009 Report Share Posted March 25, 2009 Don't include the sob story. You don't want to admit anything. Say " in the spirit of compromise, without admitting or conceding any facts and reserving all rights and defenses, we offer $---- to settle this in full. Settlement shall be by discontinuance with prejudice and LVNV agrees to remove any report of this item to any CRA it might have submitting this to. In the meantime, please consent to an extenion of time to answer the complaint until May 1. Please advise in writing as to the offer and the extension." Link to comment Share on other sites More sharing options...
DebtLawRookie Posted March 25, 2009 Report Share Posted March 25, 2009 Yes, please do not give any story such as a sob story. You have to be technical and treat this as a game of poker/chess/checkers/....etc. They are out to get money from you, and you have the right to ask them to prove how you owe it, to prove how much it is owed and the full accounting of it, who it is owed to, and how they have the right to collect it. Unfortunately they only care about going after broke people who are already under water. So treat them like the bottom feeders that they are. Make them prove everything before you consent to giving them a dime unless you really do have the $$ to settle. Even then, you could still wring them through litigation to make them prove their case. Link to comment Share on other sites More sharing options...
firecapt13 Posted March 25, 2009 Author Report Share Posted March 25, 2009 can you ask for all of this information after being served a summons. Also can they still try the robo calls to us. Link to comment Share on other sites More sharing options...
DebtLawRookie Posted March 25, 2009 Report Share Posted March 25, 2009 After being served with the summons, you must first answer it on your defense of their allegations. Then, the next step, you look up your RCP's on "Discovery". That is where you request the info I mentioned, and according to your RCP's you usually have a set amount of time to do this. Click on my name and look at past posts or do a search on "discovery" for sample posts on it. But seriously, right now I wouldnt focus too much on disc, just the answer with affirmative defenses and dealing with their affidavit (if there is one) in order to keep them from getting a default judgement.The robo calls can be dealt with by sending them a cease and desist letter, certified mail return receipt requested (CMRRR) and stating they are to contact you through writing only (not sure if that applies to an OC but it does with a JDB). If they continue to do so after that, it is a violation of the FDCPA and they can be fined for it. Link to comment Share on other sites More sharing options...
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