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  1. #1
    Join Date
    Aug 2011
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    1

    Default Credit Card Summons

    My question involves collection proceedings in the State of: Indiana
    In July I received a summons for credit card debt from a collection agency. I immediately answered the summons stating my defense to both the circuit court and to the plaintiff. I sent them certified mail. One of my defenses was that I had requested validation of debt and still have not received it. I actually, requested the validation of the debt when I received the summons so this was requested the same time that I answered the summons. This was back on July 27th. I just got a letter in the mail from the collection agency that was also sent to the circuit court. They are motioning for a summary judgement versus me. I still have not received validation so I am not sure what this means.

    Could someone please help me with this.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Credit Card Summons

    Your window for requesting validation under the FDCPA comes with your first contact from the collector, which may or may not have been the collections lawsuit. If you missed that window, the lawsuit would not reopen it.

    You can explore the court rules (rules of procedure) for the court in which the lawsuit is pending and, if you have not missed the opportunity, avail yourself of discovery as permitted by those rules.

    A motion for summary judgment contends that, based upon the law and argument presented therein, the moving party is entitled to a judgment in its favor as a matter of law. You can oppose that motion, filing an answer with supporting documentation and a brief, consistent with the state and local rules of procedure.

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