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Question: I responded to a summons for credit card debt. i responded with certified mail.now what?

(Posted by: MS on 2009-07-03 08:24:59)

I recieved a summons stating the 20 day response window. I followed guidlines suggested and responded requesting proof of all claims against me. The summons is from a 3rd. party agent(law office). I have not gotten anything else and it has been 2 months. Can anyone offer advise?

Posted by: Sgt Big Red on 2009-07-03, 09:55:14

Follow what bdancer has stated. Chances are that the "summons " was phoney. It should have shown the what court was to hold the hearing, the docket number and who the original creditor was. If the "summons " was not legitimate, then they left themselves open for you to sue for violation of the FDCPA under the following: 15 USC 1692e § 807. False or misleading representations. The FDCPA also mandates that, if a consumer submits a dispute in writing, the collector must cease collection efforts until it has provided written verification of the debt. Section 809(b), 15 U.S.C. § 1692g(b). Chances are they know that they can not provide proper validation. You can download a free copy of the FDCPA to help you understand your rights. NOTE: This communication is not intended as or should be interpreted as legal advice. It is intended solely as a general discussion of legal principles or definitions of the FDCPA and FCRA. Always consult an attorney if needed.

Posted by: bdancer222 on 2009-07-03, 08:41:53

You might want to check with the local courts to see if there really is a case filed. It is often a scare tactic for collection agencies to send official looking paperwork, but no actual suit was filed. They hoped you would call and pay up. Since you requested proof of all claims, it could be they don't have the documentation and have sold off the debt to someone else. Or they could be waiting for the court date to show up with the proof.