I have been "served" (summons) by a collection agency for close to $2k; considering options, have ?s

[kristen00]

Hi there,

So, on Sept 7th, I was served a "summons" and the paperwork says I'm being sued by a debt collector (they are not the original company I had the CC with).  I don't see a court date. I reside in California.  It says I owe $1997. The day I was served, I was with my sister in the ER and the days after that, I needed to compress and work. (I got served when I came home for a quick bathroom and food break... and then got served).

They have attached what I deem as "proof" but I'm not a legal expert, hence I am here.  Exhibit A shows my statement with the original creditor with my full name, address, an account number that is blocked out except last 4 digits and some balance #s. 

Exhibit B is similar.  Contains my name, address, interest charges, and what I owe.

They look like financial statements from the ORIGINAL Creditor.

I have questions:

1. I have no recollection of what I owed the original creditor.  I know I can ask for validation of this debt I owe.

What must this debt collector show as "proof" for me to accept this as my debt?  

2. I don't see a court date?  Is there supposed to be one?

3. Do I need to answer to this summons first and then ask for debt validation?

4. If I am asking for proof of debt validation, what form do I fill out for the court for this summons?  Is this a denial?  I am confused on what to do here.  

Thank you for any and all help.

 

[BV80]

59 minutes ago, kristen00 said:

1. I have no recollection of what I owed the original creditor.  I know I can ask for validation of this debt I owe.

It’s too late to request validation.  Once you’ve been sued, any request for proof must be done through the discovery process as outlined in your rules of civil procedure.

1 hour ago, kristen00 said:

2. I don't see a court date?  Is there supposed to be one?

Contact your clerk of court.

1 hour ago, kristen00 said:

3. Do I need to answer to this summons first and then ask for debt validation?

Answer the complaint.  As stated before, a debt validation request no longer applies.

1 hour ago, kristen00 said:

If I am asking for proof of debt validation, what form do I fill out for the court for this summons?  Is this a denial?  I am confused on what to do here.  

If you are in limited civil, there is probably a form you can use to answer the complaint.

Who is named as the plaintiff?  Is this a credit card debt?

[Bulldoger]

You don't mention a Bill of sale. Are you being sued by Assignee for O.C. or Collection firm. Is debt on your credit report with Original Creditor showing balance? 

 

[BackFromTheDebt]

Also, who is the original creditor?

That could make a huge difference in how to approach this case. 
 

The good news for you is you live in California.  That is probably the best state in the country for defending debt collection suits.  Do a search on California cases to see the strategy   

 

I would strongly suggest changing the title of the topic to include California.  Maybe some of the California experts will see it and chime in.