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I have one collection agency since Jan 2007 - mailed us a summons and in the court system - so it is real. I also have another collection agency calling and wanting payment now since December 2006. These two agencies are collecting on the same debt. I have come up with the $320 to send a response but would like to send a debt validation letter to both agencies because right now we really don't know who to pay. Both agencies reply are the same, pay us or it won't be recorded right on the credit report. On the summons, I tried to contact the lawyer she wouldn't be in the day I called and also told she would be on vacation for the next week or so. I haven't called this week yet. Been working to pay the $320 response for the summons reply. Would like a little help since our local free Legal help doesn't help with debt items anymore - but they did help with what paperwork to file and how much the fee would be. Please advise soon. would appreciate. Heading out to work will be back by 3pm pst. thanks Laughing

What a conunddrum (sp?). I have til Sept 2....since a 3 day weekend. I have to file response on the 31AUG2007. Hmmmm......I think that was done on purpose....... Thanks

Posted: Tue Aug 21, 2007 8:52 am Subject:

I guess that you first need to find out who legally owns this debt of yours. Since a court summons has been entered, then I assume that the lawyer has the legal ownership of the debt. I suggest that you fax the summons to the collection agency to show them that a lawyer now has it. Two entities can't have legal ownership of the same debt!

Posted: Tue Aug 21, 2007 2:44 pm Subject: Hmmm......

i understand that but neither wants to give up ownership, I have tried to see whom has ownership but no one actually knows the path... PRS has had it first then BRS came next but PRS was still collection as I had written neither will talk to each other but want payment. I have tried to look at the FTC rules. I am looking at now and will phone and see if they have any kind of solution. The court clerk her says even if it is legal if we pay to another entity the summons is invalid and should be looked at. Advised her of the lawyer being on vacation. She was surprised. Thanks.

Posted: Wed Aug 22, 2007 4:00 am Subject:

First step is to validate that debt with each to prove who is the legal entity that can collect for this account. Send a validation letter certified mail return receipt to each agency. The third web link in my signature at the bottom of this post has a good one. Next you have to make a decision to either answer that summons or file a motion to dismiss the complaint due to a lack of standing to bring a civil action.You will have to review your court & state rules of civil procedure to understand how to do this.

Posted: Wed Aug 22, 2007 7:27 am Subject:

I am confused about the $320 in your post. Does it cost $320 to file a response to a summons to your local court? I thought a written response to a summons was free.

Posted: Wed Aug 22, 2007 10:53 pm Subject:

Yes, I went to the self help assistance program. The person there handed me the papers and said the fee would be $320 to file. And, they do not help with filling out the papers anymore. I called the County Court House and they were very suprised with that info. Also, summons was mailed - not certified either. Thanks, Cajunbulldog. will look at that route. since neither still won't 'relent to possesion'. PS: the prepaid legal has an attorney is that another alternative to getting an attorney since I am on a limited budget?

Posted: Thu Aug 23, 2007 12:49 am Subject:

Yes Cajun is again correct. Debt validation is the first line of defense against such pestering collectors. As per the (FDCPA) the rights are set out in §809[1] of that act. As per the FDCPA, the debt collector bears the burden of proof and they have to give proper evidences to support their position

Posted: Thu Aug 23, 2007 6:19 am Subject: Found a website.....

I just found a website with some info. Will be contacting them when I get off work. Here is the website:
Still hanging in there but not panky. Thanks all for the awesome information and support.

Link deleted per rules.Cajunbulldog

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summons served and collections on same debt-help please..

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