[Eury3]

State: New Mexico

Today I received a summons for an unpaid credit card debt from 2005. They state that they are an attorneys office collecting on behalf of a collection agency that bought the debt from Chase. I am to submit my "answer" to the county clerks office within 30 days from today.

I never received notification from Chase saying that they sold my debt to a collection agency. We have been receiving collection letters from two different companies/attorneys claiming that they are collecting on behalf of Arrow Financial Services. How do I determine if these are fraudulent or not? How can I do this with in the 30 days I was given to respond to the summons?

Also, I was told by the BBB that I should dispute the summons. How? What am I supposed to say in the "answer" to the summons?

I did call this "lawyers" office and asked what my options were and what kind of payment plan I would be looking at. The guy told me that he could not give me an idea of what a payment plan for a "settlement" would look like until I provided him with my income and bank account information (<--- anyone else think that is fishy besides me?) and until he spoke with his "client."

I understand that this all may be too little too late, but I would appreciate any advice. I'm 25 years old, employed, unmarried, I don't own anything (i.e. car, house, business).

[Betty3]

You do need to submit an answer to the summons to the court/county clerk's office within the time period allowed. If you don't, they can get a default judgment against you.

[Eury3]

After scouring the site for other individuals in the same plight I have a little more understanding about what I'm involved in. Even though I was never provided with validation (I never asked) it was presumed valid after I did not question their validity 30 days after the initial contact.

In any case, I'm being sued for nearly $4000. The debt collector wants a large lump sum and then full payment within 6 months. The fact is, I can't pay it. I don't have the money. What they are asking is impossible for me with my income and expenses. I do not have any assets on which I could borrow against. There is nothing they could seize or put a lein against.

So what are my options?

I talked with CCCS they offered the law firm a Debt Management Program in which they would get their full payment within the next two years. The man I spoke with at the law firm refused the DMP and told me it was his way or the court way.

What can I do now?

Take it to court? File a Motion to Discover? I will be charged with attorney fees even if I settle out of court. So should I bite the bullet and put myself at the mercy of the courts, hoping they will impose a reasonable payment plan?

I need advice.

[Betty3]

I see where you posted this on at least a couple of other forums - the answer would be the same. File an answer to court clerk within the 30 day period - your answer could be for example you're not sure this is a valid debt/you received no evidence proving debt . . . (whatever is truthful) You will later probably receive another summons to go to court/get a court date - it will then be decided if this is a valid debt or not. If it is, you will have to pay up whatever amt. is settled on - a judgment will be given against you & your non-exempt assets can be seized, wages garnished (whatever is allowed in your state).