sundance Posted March 31, 2009 Report Share Posted March 31, 2009 I was served a summons last week or so. I'v started to reply to the courts on this like I'v been told to do. Now the attorney that had me served for Cap-One is calling. He left a message on my answering machine this is what it says.This message is for___________ by listening to this message it is asummed that you are________. There is a pause, then he says This is ____ a debt collector with_______ , then uses the attorney's name. Please call our office and ask for________?Now they sent me the week after I was served a copy of the yes I accept cert, and Affidavit from Cap-One [i assume]saying that this person is is familiar with manner that Cap-One keeps their books ect. I don't understand why the phone calls, they have called me a number of times. The last one was saved.Does anyone know if this is normal after your served? Link to comment Share on other sites More sharing options...
merrybucks Posted March 31, 2009 Report Share Posted March 31, 2009 Call back and find out what they want. I'm guessing that they want to negotiate a settlement. Link to comment Share on other sites More sharing options...
sundance Posted April 1, 2009 Author Report Share Posted April 1, 2009 So do I still send reply to court? Link to comment Share on other sites More sharing options...
nascar Posted April 1, 2009 Report Share Posted April 1, 2009 Yes, you must still respond to the lawsuit. If the law firm is attempting to contact you outside the court proceedings, none of that affects the ongoing litigation. However, a message like the one you received seems more like typical a typical autodialed collection call than a call specifically to you to discuss a settlement. In any event, I wouldn't think there is any harm in calling them back. If it's a collection call, you can simply tell them that since the debt is in litigation, that you need to limit your correspondence to the attorney of record. Link to comment Share on other sites More sharing options...
docniss Posted April 1, 2009 Report Share Posted April 1, 2009 Boy, I don't know, I have been told by my good friend that has helped me with all my debt issues and done this kind of work for 30 years to not talk on the phone to these guys. They will record the call and use it against you in the court room. Personally, I never talked with the debt collectors, I do everything in writing, never admitting to anything. It has worked for me. My view is if they have filed suit then you should now play by the rules of that game by filing your Answer. Make them prove their case. Link to comment Share on other sites More sharing options...
merrybucks Posted April 2, 2009 Report Share Posted April 2, 2009 to not talk on the phone to these guysCourts encourage parties to communicate. Talk to them, if you are afraid to talk to them then you will be afraid of them in court. Fear is a weakness you can't afford. Link to comment Share on other sites More sharing options...
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