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broke · Posted: Fri Aug 15, 2008 9:40 pm Subject: Help with a summons

I received a summons the other day and am not sure how to respond. I have been making small payments to the original creditor and they have been accepting them. The summons I got was from the collection agency and does not have a court date. I owe the debt of about $1600. Since it is the collection agency sueing me should I make them validate the debt. Should I try to settle with them? I really don't have much money to work with probably $100 a month max. I'm also afraid to call them because they always bully me. What should I do?

Guest · Posted: Sat Aug 16, 2008 1:07 am Subject:

Was this account sold to the collection agency? If so why are you making payments to the OC? Are you sure that the summons is real? Check with your local County clerks office to make certain. Some collection agencies send out phony summons.

broke · Posted: Sat Aug 16, 2008 4:20 am Subject:

I believe the CA is just managing it because when I talked to the original creditor they told me that they cashed the check and forwarded the info to the CA. But I really dont know for sure. I checked with the County office and it is real.

Guest · Posted: Sat Aug 16, 2008 5:14 am Subject:

Be sure to answer the summons and go to court. Bring your proof that you have been making payments to show to the judge.

Posted: Sat Aug 16, 2008 6:37 am Subject: reply

good advice guest,yes do as guest advises.i don't see if you show up,present proof of payments the judge will rule in the CA'S favor.

Guest · Posted: Sat Aug 16, 2008 11:58 am Subject:

here's a thought though--if the OC still had the account, wouldnt they be the listed plaintiff on the summons? I mean, how can a CA be the plaintiff when they dont own the debt?

Posted: Sat Aug 16, 2008 12:24 pm Subject:

I wouldn't call them, I would simply send them a validation request, that is your right. You need proof that this CA has the authority to collect this debt, so ask for proof. Anyone could send you a collection letter, makes sure they either own this debt, or are assigned to it by the original creditor. Smile

broke · Posted: Sat Aug 16, 2008 6:51 pm Subject:

Can I send them a validation request after I have already been summonsed?
Also reading the complaint part of this is confusing. At the top of the page it has the name of the CA and below it is listed
2. defendent entered into a contract for a revolving credit account, "the account" with GE Money bank.
3. Plaintiff is the successor in interest of said account having purchased said Account in good faith, for value and in the ordinary course of business.

Posted: Sat Aug 16, 2008 11:32 pm Subject:

That sounds like the CA is saying they own the account, but didn't the OC say they still own the account? You can't DV once a summons has been sent, but you can request all documentation in discovery...plus there has been some posts about CAs using a summons as an initial communication and therefore denying you your right to dispute...has this CA ever sent you any letters before you got the summons? I think it is called overshadowing.....you might be able to slap them over that if this is the first you ever heard about this CA.

Either way, it seems very fishy that the CA has been cashing the checks and all of a sudden a CA (not the OC) is suing you....that doesn't seem quite right...

Guest · Posted: Sun Aug 17, 2008 6:01 am Subject:

I believe the OC are the ones cashing the checks. I make the checks out to GE Moneybank and on the back of the cancelled check it it says GEMB followed by a bunch of numbers. I honestly don't know who owns this account. Yes the CA did send me a letter back in May at the time I thought that since I was making an attempt to pay the debt I would be fine. Should I just call the lawyer on the summons and try to come up with a settlement even though I don't have much money to work with.

Posted: Sun Aug 17, 2008 10:52 am Subject:

Couple points here. CA's don't buy debts, JDB's buy debts. CA's also have no standing to sue so it is either GEMB or a JDB suing. Since you already have received a summons, a DV at this point is not where you need to focus. Focus on answering the complaint. Any validation requests will now have to follow the RCP governing Discovery and Production of Documents requests. How is this reported on your credit reports?

broke · Posted: Sun Aug 17, 2008 6:07 pm Subject:

Well that sounds kind of encouraging to me. In the plaintiff box the only name is Arrow Financial not GEMB. So I am assuming they really have no grounds to sue me...? How do I actually answer a complaint. I guess the summons usually comes with a response form to fill out but mine did not so I have no clue how to go about it. I'm gathering that it needs to say I owe GEMB money but Arrow Financial says I owe them money and I want them to prove it. I keep hearing about filing a discovery request but I don't know where to find out how to do that. I don't know how it is reported on my credit report. I have to get a current one.
Also I just want to say thanks for everyones advice. I have never been through any of this and it all seems so overwhelming.

broke · Posted: Tue Aug 19, 2008 7:33 am Subject:

I looked at my credit report and it shows that the debt was bought from GEMB. Can they still sue me for the full amount or just what they paid for the account?

Posted: Tue Aug 19, 2008 8:23 am Subject:

nascardevil wrote:

Guest · Posted: Tue Aug 19, 2008 9:50 am Subject:

Broke they will try to sue for the entire balance owed plus many other fees they might have added.

broke · Posted: Tue Aug 19, 2008 5:21 pm Subject:

I talked to a lawyer today (who was a total jerk) and he told me to send an answer to the summons denying the majority of it and then call the agency lawyer and try to set up a payment plan.
Big sigh, little tear...

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