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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Contacted About a Collections Lawsuit but Not Yet Served

    What should you do if a collection firm calls you and says that it has filed a lawsuit against you, and wants to negotiate over the debt, but you have not yet been served with any court papers?

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

    Default Re: Contacted About a Collections Lawsuit but Not Yet Served

    Ask them to fax you a copy of the summons and complaint, or to email you a scan. Check with the court in which the lawsuit was supposedly filed to see if there is an open case under your name. Investigate the debt collector -- if they are full service, including having debt collection lawyers on board, perhaps they did file a case; but if they don't offer legal services or if they come up as a junk debt buyer, they may be trying to trick you.

    If you are served, make sure that you file a timely answer and, if appropriate, properly raise the affirmative defense of the statute of limitations.

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