|
#33
|
|||
|
|||
|
I have that one also, that was dated mid April, just said that I had 30 days to pay or they would forward to their attorney.
What date do you start counting the 20 days from the summons? I receievd it on the 29th of May, they filed it on the 21st of May I really appreciate all you're doing |
|
#34
|
|||
|
|||
|
OK, you count from the date you received it, and not from the date they filed it...so 20 days from 5/29.
Also, let me see if I have this correctly. The CA sent you a letter in mid-April, telling you that you had 30 days to dispute this. Right after that you got a letter from the attorney? I am interested in exactly how these two letters are worded. Something just seems fishy to me, and I cannot put a finger on it until I can see exactly word for word how they wrote those letters. Perhaps you could post them here word for word, or if youre more comfortable, you could send me a word-for-word copy in my email-same screen name as I use here at yahoo dot com. I just want to make sure we arent missing anything. alright, as to your answer from earlier, I would do it like this: [img]/forums/attachments//bsm10_704.jpg[/img]Â*Â*Â* I would respond: First cause of action 1) Defendant agrees with this statement. 2) Defendant does not have sufficient information to affirm nor deny 3) Defendant does not have sufficient information to affirm nor deny. Second cause of action 1) Defendant denies this statement. 2) Defendant denies this statement. What they are saying right there is the plaintiff's assertions. The plaintiff claimed right there that they told you about the account and that you accepted their statements concerning the account. This is a common tactic used by bottom-feeders like MCM often--this is one way that they try to get around actually having to validate anything about the debt. If you tell the court in this answer that they explained the debt to you and that you agreed to their explanation, it takes your whole attempt at getting them to prove it to the court right off the table--they would simply tell the judge, "hey, he just said that we told him about it and that he accepted our explanation...." That is why you deny everything and make them prove it to you. Remember--you dont even know if these guys have the legal right to collect two cents from you at this point and you wont know until they provide proper proof of the debt as well as proof of their ownership or assignment on this debt. But hold off--dont file an answer just yet. Please get that email to me or post it up in here, and lets make sure that we cover all the bases. |
|
#35
|
|||
|
|||
|
Ok. I will send you an email with the documents. I am not in front of them right now, but I can send them to you tomorrow first thing.
It's funny how you mentioned MCM, cause that's who it is. Also I will send you a letter that I received from the attorneys on Sat. They just wrote telling me to call them and it was signed by their debt collector. Today, and I posted this earlier, they (attorney office)called my house, left an automated message on my machine saying to call them to discuss a "debt act", I have no idea what that means. As long as I still have time to answer, I will wait till you see the documents, I don't want to make any mistakes. My biggest concern in all this is that I hope I didn't hurt my chances when I tried calling them, I didn't really think of my options, I was so scared that I just called to try and arrange something with them. |







Linear Mode






