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  1. #1
    Join Date
    Aug 2012
    Location
    Holladay, Utah, United States
    Posts
    1

    Question I Asked a Law Firm for a Validation on My Debt, They Gave Me a Summons Instead

    My question involves collection proceedings in the State of: UT

    In June I received a letter from a law firm trying to collect my debt. I didn't know what the debt was for so I sent them a letter asking for a validation and on Aug 3rd I got served with papers summoning me to respond to a complaint. The letter stated Capital one as the creditor and HSBC as the original creditor. I have a few Merchant credit cards that were through HSBC, one I settled and the others I have been making payments on.. I just wanted the validation to determine what its for, I had no problem paying them for it. I just wish they didn't start filing lawsuits over it. How should I go about this? I know I should answer the summons, but how? Should I try contacting the law firm to make payment arrangements in hopes they won't drag it further. The summons didn't have a case # on it yet, so is it even filed yet?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: I Asked a Law Firm for a Validation on My Debt, They Gave Me a Summons Instead

    If this was a timely validation request, they still owe you validation even if they commence litigation. You have shared no facts about when you were first contacted by the plaintiff collector, so we have no way of knowing if your request was timely.

    When a law firm gets the sense, "This person wants to fight, not settle," they will be predisposed to file a lawsuit. If you want to try to settle, contact them and try to negotiate a settlement.

    You would want to answer and defend, consistent with the facts, law and court rules, in order to avoid the possibility of a default judgment.

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