OldSchool 7

No Contact from Debt Collector/Lawyer but Got a Summons

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I received a summons from a debt collector/lawyer for a credit card debt. I never received any initial communications from the firm. However, I got a summons handed to me at my front door. The summons had my old address on it. I had not lived at that address for months. I don't know how the process server found me at my new address. Anyway, I only had like 5 days to respond to the summons. I got that in on time. In my response, I wrote that I never had a chance to ask for validation/verification of the debt? So my question is:  if there were any letters sent to me they would have went to the old address.  Is this not a violation and unfair practices on the debt junkies end? 

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14 minutes ago, OldSchool 7 said:

I don't know how the process server found me at my new address.

In this day and age skip tracing is not that hard.  There are multiple ways.

15 minutes ago, OldSchool 7 said:

In my response, I wrote that I never had a chance to ask for validation/verification of the debt?

That is not a defense.  Arkansas does not require a right to cure before a creditor can sue.  Few states do.

15 minutes ago, OldSchool 7 said:

So my question is:  if there were any letters sent to me they would have went to the old address.  Is this not a violation and unfair practices on the debt junkies end? 

No. Unfair has no place in the legal realm.  It also does not violate the FDCPA as that does not require they send any notice, letters, or allow validation before suing.

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The creditor is under no obligation to contact you before suing you if you are in default on your account. In fact, many JDBs will get an account and immediately head to court rather than try to contact you in order to avoid any FDCPA issues. The adoptive business records rules also make it easier for them to gather the evidence needed to prove their case.

I would check the amount of time you have to file an answer. 5 days seems awful short in any state. In most states, the amount of time you have to answer is 20 days after you are served.

Finally, we will need to know who the original creditor is and the amount to determine if arbitration is a possible route.

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Is the court located in the county you live in or was your old address in another county?

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You should have 30 days to file your Answer with the court beginning on the day after you were served.  The clock starts when served, not when they filed the lawsuit. (Arkansas Rules of Civil Procecdure 4 and 6)

And you are able to file an Amended Answer if needed.

Your best affirmative defense may be arbitration.  Are you able to share more details about the lawsuit?

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11 hours ago, fisthardcheese said:

Is the court located in the county you live in or was your old address in another county? It's in the same county.

 

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9 hours ago, wernda1234 said:

You should have 30 days to file your Answer with the court beginning on the day after you were served.  The clock starts when served, not when they filed the lawsuit. (Arkansas Rules of Civil Procecdure 4 and 6)

And you are able to file an Amended Answer if needed.

Your best affirmative defense may be arbitration.  Are you able to share more details about the lawsuit? It's a little over 700 dollars. Nothing was filled out by process server. He only added a date at the top of the summons. They had the summons for awhile before finding me at my new address.

 

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4 minutes ago, OldSchool 7 said:

They had the summons for awhile before finding me at my new address.

Doesn't matter how long they had the summons.  The day they served you starts the clock ticking on the count down to file an answer.

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