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 Posted: Fri Feb 16, 2007 1:24 am Subject: Served Summons - Being Sued |
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I was served a summons for an old debt. (Debt has not past SOL)They are suing for $2333 plus $349.99 attorney fees. The original debtor is not listed on the petition. Plaintiff in this case is First American Investment Inc.
I have contacted numerous attorneys and they want my FIRST BORN! I am not employed because I had to quit my job to raise my 9 month old granddaughter. I live on child support arrearages for at least the next 6 months.
My question is.....What do I do at this point?
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brooke
Joined: 16 Feb 2007
Posts: 2
Debtcc Points: 83
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| Posted: Fri Feb 16, 2007 5:17 am Subject: |
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| Quote: | | The original debtor is not listed on the petition. |
My first question: who is the original debtor and how are you affiliated? Is First American Investment the original creditor? Are you the only named defendant on the summons? Is there a contact name at First American? Perhaps something can be worked out in advance of the court date.
Ensure that you make the court appearance and explain your situation. Perhaps there is free or low cost legal counsel available.
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fjv4
Joined: 29 Dec 2006
Posts: 62
Debtcc Points: 1850
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| Posted: Fri Feb 16, 2007 11:24 am Subject: Answering your questions |
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First American Investment Inc is not original debtor. but I'm guessing they bought the account from Providian Visa as it shows on my credit report that the account was transferred/sold. Yes, I am the only named defendant. This is not a summons to appear in court.
At the bottom of the Petition it states, ATTORNEY'S LIEN CLAIMED. What does that mean?
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brooke
Joined: 16 Feb 2007
Posts: 2
Debtcc Points: 83
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| Posted: Sat Feb 17, 2007 4:18 am Subject: |
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I could be wrong and someone please correct me if I am but First American bought the debt and that is who you need to contact regarding the debt. This happened with me on an AT&T acct that ended up going to an attorney after it passed through 3 different hands. Once I got through the validation letter and all that I realized I did owe the debt and set up a payment plan with them. This attorney was actually good and worked with me.
This is the definition of an Attorney lien attorney's lien - the right of an attorney to retain a client's papers until the attorney's fees have been paid
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ltait3
Joined: 11 Feb 2007
Posts: 28
Debtcc Points: 946
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| Posted: Mon Feb 19, 2007 8:35 pm Subject: |
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Have you tried contacting a neighborhood legal aid in your area? they do have income guideline they go by but if you dont have much income rightnow you may be eligible .
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taksmom476
Joined: 15 Jan 2007
Posts: 80
Debtcc Points: 2028
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