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 Posted: Mon May 14, 2007 2:17 pm Subject: How do I file response to court for summons from credit co? |
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I received a summons on apr. 25 from Atlantic Credit & Finance Co. which was a notice of Case Management Review scheduled for Aug. 14. This is apparently for an HSBC credit card that I could no longer pay on that was subsequently charged off in March of 2006. They are suing for $3947 (the amount charged off), plus interest and attorney fees. According to the summons, I have 30 days from Apr. 25 to file "a written response to the court and to have a copy served on the plaintiff". This means I have to file this within the next week or so. I called the Santa Monica Courthouse, and they told me that I needed to complete and file a "Form CM-110". I have this form, and I am confused as to how to complete it. I don't know who Atlantic Credit & Finance Co. is, and I have not received any debt validation information from them or their attorney. Do I need to send Atlantic Credit's attorney a certified letter requesting debt validation? Or do I attached this request to this Form CM-110 and file it? Do I need to find an attorney (which I can't afford at this point in time) in order to file this form? Please help - I don't know what to do.
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dollarl
Joined: 08 May 2007
Posts: 7
Debtcc Points: 416
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| Posted: Mon May 14, 2007 3:04 pm Subject: |
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Search for some free legal advisors in your area. Since this is about filing legal papers in the court, a professional should go through it before you submit in the court.
Go ahead and send the dv letter to the collection company because you must be sure of them having your account. Many companies try to manipulate the account by providing wrong information.
Read the dv validation topic done by Law student.
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orake
Joined: 20 Jul 2006
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| Posted: Mon May 14, 2007 7:35 pm Subject: |
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Form CM-110 is fairly straight forward. Just check off the statements as they apply to you. You might want to consider the section on discovery. You might want to demand how they calculated the interests and attorneys fees. Yes, send a validation letter, one to the attorney, and attach one. This could serve as your discovery. Since this debt is within the SOL in California, you might also want to try to reach a settlement offer with the company. Most judges like to see that this effort has been made before it reaches court.
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