willfight

Summons expired yesterday

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A summons(complaint) was filed on 10-28-10 and expired on 1-27-11. There wasn't any attempt to serve me and they have no record of service. I checked to see if another case was filed and there wasn't. I will continue to check the courthouse to watch for a case against me. What do you guys think happened? Thanks, for your opinions.

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They said they were going to file against me and sent me a sample of what it may look like(no case # on it). At that time it wasn't filed and they asked me to pay XXXXX or they would file. I have been calling the courthouse ever since. I wanted to make sure that they didn't say I was served, trying to get a default judgement against me.

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That's weird. I've never heard of someone sending a replica of a summons before filing one. It's also weird that they would file one and not follow through with serving it. Are you sure what they sent wasn't the summons?

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Guest usctrojanalum

Strange, don't know why they did not serve it especially if they have your address. You see this sometimes come up when the plaintiff dosn't have a correct address and can't find the defendant.

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I wonder if they would like it if you sent them a fake check to go with their fake summons...

All kidding aside, it sounds to me like they're bordering on deceptive collections tactics, by trying to intimidate you with the fake summons. "This is what's going to happen if you don't pay up"

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Portfolio used to do this but never said it was a sample. I have one from 2007.

They followed that up 6 months later with a letter that said "we have received a judgment against you" asking me to pay $xxx.00

About 6 months after that they sent another " if we don't get payment we will sue you in court" letter. LOL. Wait, I thought you already did that.

No case ever filed, no judgment ever entered. Nada

I didn't know then that this was illegal but I sure do now.

Nothing signed by Martha Kunkle but all in the same, they were bogus.

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They have my address because when they sent me the letter saying they were going to file, I sent a DV letter. They did respond to that at the end of november. They sent me a alledged copy of my alledged account monthly statement with no activity except late fees and interest charges. Also, they sent a copy of the alledged agreement.

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They said they were going to file against me and sent me a sample of what it may look like(no case # on it). At that time it wasn't filed and they asked me to pay XXXXX or they would file. I have been calling the courthouse ever since. I wanted to make sure that they didn't say I was served, trying to get a default judgement against me.

That, my dear, is a FDCPA violation. It either IS a Court Document or it isn't. When do you sue THEM over it?

FDCPA Section 807:

ยง 807. False or misleading representations

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(9) 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.

Emphasis mine

Edited by Flyingifr
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That's weird. I've never heard of someone sending a replica of a summons before filing one.

not CC related, but, yes, i have done this.

after cracking a tooth at a restuarant and getting no response from the owner for 6 months, i sent him a completed, but not yet filed, small claims summons and complaint.

got my $5k settlement from the insurance company in 10 days. xdancex

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