What do I need to say in my letter to respond to the summons? And can I deliver this to the court in person or does it have to be mailed?
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What do I need to say in my letter to respond to the summons? And can I deliver this to the court in person or does it have to be mailed?
December 9th, 2009 at 4:23 am
One poster made the comment that answering the summons would be redundant – that is incorrect.
Whether you came to an agreement with the collector or not, you need to answer the summons.
If you fail to answer the summons then the collector may, and probably will, continue with the case and get a default judgment against you, even if you have a prior agreement with them.
People who make agreements to pay and then fail to answer the summons or fail to show up for the court date because they feel things are taken care of are often surprised to learn that the collector went ahead and got a default judgment against them.
It happens quite often so don’t let it happen to you.
If you fail to file an answer and they go ahead and get a default against you, and you had made an agreement to pay less as payment in full, you would not only be required to pay the full amount but have to pay court costs as well. Then, if you failed to file an answer you would be stuck with a default judgment against you.
You are not “required” to have a legal or paralegal firm write up the answer for you, you can do it yourself by using your states Rules of Civil Procedure (RCP) as a guide. If you have problems with writing up your answer and you cannot afford a lawyer, you can speak with Legal Aid and have them help you write up your answer.
Your answer should include the fact that the you have made a payment agreement with the collector. It should also contain a copy of your written agreement with the collector as your proof of the agreement.
Google your states RCP and read it over. Use it to help write up your answer. The RCP will also tell you how your answer should be submitted to both the court and the collector, i.e. mail or in person.
December 9th, 2009 at 4:47 am
If you have made a payment plan, it means that you have negotiated the debt with the people who have sued you. As part of this negotiation, you may have liked to ask the collection agency to withdraw the summons of complaint. You would have answered the summons, if you were disputing the debt. Now that you have negotiated the debt, it technically means that you have acknowledged the debt and there really is no need for an answer except that again, you may like to ask the collection agency to withdraw the complaint which is what they should really do. In general however, answering summons must be in proper legal format and must be done by the help of a legal or a paralegal firm. If you cannot afford the fees, the court may direct you to free legal services in your district. Once again, in your case, answering would be redundant and you need to make the collection agency withdraw their complaint as part of your negotiation. Good luck !
December 9th, 2009 at 5:30 am
The summons and/or “Notice to Defend” that you received should have instructions on how to respond to the law suit. DON’T IGNORE IT! You need to either (1) show up in court on the court date or (2) respond in writing to the law suit, send a copy to the court and to the attorney who filed the law suit.
BTW – Collection agencies are not attorneys and can’t file a law suit. You need to talk to the attorney who filed the law suit against you.
December 9th, 2009 at 6:14 am
This a civil action not a criminal case. The U.S. does not have a “debtors prision.” Call the collection agency and rework the payment plan. Or consult one of these debt resolution companies who can talk with your creditors and get a percentage reduction in all of your debts. Call the Court Clerk to get an answer of the need for you to appear on the date in the summons. Again, call the creditor-collection agency.
December 9th, 2009 at 7:14 am
I’d contact tehm and inquire.
December 9th, 2009 at 7:58 am
Tell the court that you wish to contest the allegations in writting. In most states you are able to answer by mail.
You have to respond to the court or else it become a judgement against you. However, in order for collection agency to win they need to proof several matters to the court.
Send a debt validation letter to the agency.
What is debt validation or DV?
It is a process where you can demand the debt collectors to provide you with adequate proof that the debt in question is actually yours. Under the FDCPA, the burden of proof lies with the collector and not you.
When should you go for debt validation?
You should demand for validation of debt if
you are not being able to recognize the alleged debt
you believe that the debt has been actually paid in full
the debt is past the statute of limitations
you believe that the company pursuing your money is unauthorized to do so
What is the correct way to ask for debt validation?
Send the collection agency (CA) a written request (DV letter) to validate your debt. The letter must be sent via certified mail (CM) with a Return Receipt Request (RRR).
Remember to save the CM receipt, the RRR green card when it comes back and your USPS receipt (CM # is on it).
Is there any time limit on sending a DV letter to the collection agencies?
Under the FDCPA, you can dispute and send a validation request with in 30 days of receiving your first written notice by the CA.
However, the law also states that if you fail to dispute the validity of a debt with in the 30 day period then it should not be seen by any court as your admission of liability for the alleged debt.
What is the time limit for the CA to respond to your DV letter?
According to the FDCPA, there is no time limit to force them to produce the validation.
Can a CA make collection attempts even if they do not respond to the DV request?
A CA must stop all attempts to collect the debt until they have sent a sufficient response to your validation request.
What does a debt collector need to provide as debt validation?
Proof that they own the debt legally or have been legally authorized to collect it from you.
A complete payment history documented from your original creditor. This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004.
A copy of the original loan contract that you signed with your creditor.
What should you do if the collection agency responds in writing but does not provide sufficient proof?
Send them another letter via CMRRR notifying their violation of FDCPA. In the letter, tell them either to immediately stop the collections efforts and alert the credit bureaus or else you will file a lawsuit.
What should you do if you wish to pursue your dispute further even after receiving a response from the agency with proof of the three FDCPA requirements mentioned above?
In this case, you can find out whether they are authorized to collect in your state or not. If they are not, then send another letter via certified mail with a RRR notifying them about the violation of the FDCPA. In the letter also mention your intention to sue them if they do not cease the collections efforts.
Can you ask for validation from the original creditor?
As per the FDCPA, while dealing with the original creditor you do not have the legal right to ask them for validation. In some cases, they might provide you the validation at their own convenience, but under no circumstances they are legally bound to validate the debt.
However, you do have the right under the FCRA to dispute directly with an original creditor regarding any information reported in your credit report that you feel is incorrect, not updated or false.
Is there any difference between verification and validation of debt?
Yes, verification and validation are different. In case of verification, the debt collector is required to send a written statement to the debtor with the name and address of the original creditor and the amount of the debt owed. The verification does not require the collector to provide original documents to the debtor.
Is DV letter same as a cease and desist letter?
No. A cease and desist letter(C&D letter) can be sent to anyone with whom you do not want to communicate. In case of collection agencies, you send a C&D letter to notify them to immediately stop all kind of communications (written as well as telephonic communication) regarding the collection of the debt.
Contact me via email for further help if you wish to. Best of luck…..