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I answered summons

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PostPosted: Sat May 03, 2008 7:57 pm Subject: I answered summons

I answered a summons and basically denied owing the amount they said I owed. I said I realized I owed a smaller amount but what they were asking was outrageous. This was on March 19th. I have not heard anything yet. What is supposed to happen now? Should'nt I have heard something by now or do they basically have forever to answer me back?? It's been almost 60 days now. please help!? Thanks~Angie
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angiemarie23
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PostPosted: Sat May 03, 2008 8:02 pm Subject:

I am going threw the same thing. I also requested validation during discovery and never heard anything . that was well over 40 days ago. I sent a letter to dismiss with prejudice the other day to see what happens.

What they might try to do to you and me is try to seek a default judgment. I don't know for for sure. I do know that mediation for me isn't till july.

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PostPosted: Sat May 03, 2008 9:19 pm Subject:

Now I have learned that if you dismiss with prejudice, this allows the plaintiff to refile at any time--so I don't know if this is a good thing to do. Maybe just to dismiss?
kscornell
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PostPosted: Sun May 04, 2008 3:45 am Subject:

Dismiss without prejudice= plaintiff can refile.
Dismiss with prejudice= plaintiff can not refile action.

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http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
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PostPosted: Sun May 04, 2008 9:50 am Subject:

Once you answer the summons, the next step is for the court to set a trial date. In the meantime, you should send out your discovery requests to find out what evidence they have against you.

Discovery should include Requests for Admissions, Interrogatories, and Request for Production of Documents. You can go down to your local county law library and ask the reference librarian for these forms.

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PostPosted: Mon May 05, 2008 5:51 am Subject:

folks--

if you have been served a summons and have filed an answer, you can check with the court clerk's office in the court where the plaintiff filed their complaint against you. You should be able to review the docket records for your case, which will show if any further action has taken place since you filed your answer.

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