Jump to content

Misleading form in complaint - Violation?


Recommended Posts

I was served a summons, complaint, and attached to the complaint was an unsigned card agreement. Also attached was an "EZ offer form" that basically says "Mail or Fax this form to blah, blah, blah" Then it asks for my name, contact info and then says "I am willing to set up payment arrangements and propose to pay you ..." or "I am willing to discuss this debt, plese call me at ...."

No where does it say that this is an "optional form" and a reasonable person could asssume that they are required to send in this form to the attorney as part of the "court case" against them.

I want to argue that it violates the FDCPA:

The use or distribution of any written communication which simulates or is falsely represented to be a document

authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization,

or approval.

Thoughts?

One other issue. In the summons it states, if you want file an answer and are indigent, you must appear at the above date and time to fill out a financial affidavit. This is incorrect, as I can go to the court anytime and fill out the affidavit (or just get it online) and answer ahead of time, but not sure if this is any kind of violation such as "misleading" me to delay my answer by suggesting that if I am indigent my only choice is to show up that day and fill out the affidavit.

Link to comment
Share on other sites

I don't think you could successfully argue the point that it violates the FDCPA. It's just a way for the law firm to avoid going to court. I think even that the fact that it didn't optional wouldn't pass the "least sophisticated" smell test. I think it's obvious that this step is optional.

Just concentrate on your answer.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.