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  1. #1
    Join Date
    Jan 2007
    Location
    Ohio
    Posts
    2

    Default Received a Summons

    Good Morning,

    I received a Summons, not to appear, but to answer the complaint within 28 days from a 3rd party debt Collector.

    I fell behind on a credit card, talked with the "in-house" collection agency in September and made arrangements for half of the over limit/past due amount to be taken out that month, and we agreed that I would call back and make the arrangement the following month for the remaining 50%. This was done over the phone. I have nothing in writing stating that the 2 payments would bring my account current, just an oral agreement, and possibly the recording of our conversation on their end.My understanding is that once this amount was paid, the account would be current, and my payments would be what they were before becoming late.

    I received a Statement confirming that I made the first arrangement.Then I received a letter from the 3rd party Collector stating that they had the file and that they wanted the total amount. I sent a letter within 30 days stating that I believed that they had my "file" by mistake, and that I had made arragements through the in-house collections, giving the name of the person that I had spoken with, and a detailed description of the conversation.

    I did not hear back within 10 days, so I made the second half of the agreed upon amount at the end of October.

    The 3rd party called on the 1st of November and I, again, stated that I had an agreement with the in-house collections and they should send me a letter stating the validation.


    I also made another payment at the end of November, and will be making another before I answer the Complaint.

    I have not received a Statement from the original Creditor since the one I received in September.

    Sorry for the long post....I am just frustrated with this ordeal.


    What should I do?


    Thanks in advance,

    JFR

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Received a Summons

    Standard answer on expired SOL (statute of limitation) and/or validation and/or dispute letters. There are thousands of posts similar to yours on this forum so I have prepared a standard answer.

    SOL (Statutes of limitation are DEFENSES to lawsuits; they do NOT provide a method to stop someone from suing you. This defense means when they sue you, you answer with the defense that it is barred by the SOL.)

    http://www.bcsalliance.com/y_debt_sol.html

    http://www.fair-debt-collection.com/...te-letter.html


    Validation letter samples you can get at :
    www.creditinfocenter.com
    and www.creditboards.com

    Make sure you ask for VALIDATION (and do not accept verification).


    Disputes: You can write a letter of dispute to the three credit reporting agencies.

    Go this website to find instructions and samples for how to dispute: http://www.creditinfocenter.com/creditreports/

    Sometimes errors are easy to remove and sometimes they stick like glue. It is inexpensive to try and not difficult.

    I am NOT a creditor-debtor lawyer; stand by for further help.

    I am NOT vouching for the accuracy of these websites!

    Debt settlement:

    http://forum.freeadvice.com/showthread.php?t=293829

  3. #3
    Join Date
    Jan 2007
    Location
    Ohio
    Posts
    2

    Default Re: Received a Summons

    Seniorjudge,

    Thank you for your response,however, I am not sure as to where the SOL applies.This has occured since September of '06.

    I was seeking advice on what I should do as a reply/defense to the Court.

    I had an oral agreement with the "in-house" collections department, then got switched to the 3rd party law firm.

    Thank you,

    JFR

  4. #4
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Received a Summons

    There are some good websites referenced in my post.

    Verbal agreements are worthless.

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