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Posted: Thu Feb 08, 2007 8:54 pm Subject: I really need some help

My husband received a summons to court for something he didn't know he owed. The lawyer only talked to him once, telling him he can pay a settlement, but neither of us have been able to get a hold of the lawyer since.

The amount he's asking for is a lot more than we can afford to pay... is there any way we can negotiate with the collection agency themselves to get this settled? I don't know how to talk to them, so I'm afraid of messing something up and ending up in a worse position. I'd really appreciate any advice I could get.

Posted: Thu Feb 08, 2007 9:19 pm Subject:

Well, you can try to talk to them before the court date and see if they'll work with you. Being upfront about your situation and telling them what you can do in terms of payments will help. If they don't talk to you or you can't get through to talk to anyone, start taking notes as to the dates and times you called and what the outcome of the calls were. If you're able to get through to them and work something out, make sure they withdraw the complaint or it will go into default.

If they won't work with you and want you to have a day in court, make sure you go. Gather any and all evidence about the contact you've had with them. If they haven't sent you any letters or correspondence and you tell that to the judge, it is up to them to prove you wrong. However, this is most likely small claims court. Small claims tries to get the parties to mediate (settle) the matter. This give you the opportunity to show the mediator and the creditor what you can handle. The mediator will assist in helping the creditor to come to an agreement that you can afford. That way, there will be no judgment on your credit record. So, if the opportunity to mediate is offered, by all means, jump at the opportunity. If not, ask the judge if you can mediate it. If you do get a chance to mediate and you sign an agreement, whatever you do, do not default on it because the agreement would likely have a provision in it that you don't get a second chance and a judgment could be entered against you.

Hope this helps.

Posted: Thu Feb 08, 2007 9:40 pm Subject:

Is there anything in specific I should ask for from them, if I can work something out?

Would there be a reason why it states on the "credit line" that it was $1,000, whenever it was only $200? I really thought we had taken care of the money he owed a couple of years ago(he lost his job and we got behind), so it just kind of confuses me even more.

Thanks for your help.

Posted: Thu Feb 08, 2007 9:45 pm Subject:

Have you ever tried to validate the debt? Usually that's done early on. You can try to ask for that. From a legal standpoint if you are going to be sued for something, you are entitled to the "discovery" or evidence that they have against you. And yes, you can ask for that early on. If they decide not to give that to you before the court date, then they definitely have to give it to you in court. Again, you can explain the situation to the judge and say it was oversight and you would like to mediate. The court usually has several mediators there in the courtroom who will assist you in the mediation.

Posted: Fri Feb 09, 2007 7:37 am Subject:

I called the collections agency this morning listed on the lawsuit - they told me that they don't own it and referred me to another company, who also told me that they don't own it. I called the lawyer again, with no answer.

If we pay the collection agency listed on the lawsuit, that won't take care of the debt, will it? I'm really beginning to believe that we're now being scammed, because none of this is adding up. The credit line doesn't match, this is the first time we've ever even heard of anything being owed(in almost six years), and no one is claiming to own it.

Posted: Fri Feb 09, 2007 8:01 am Subject:

I would send a debt validation letter to the CA on the letter that you received. You can find a sample letter in the DIY section of the forum. Send it certified mail with return receipt requested. This way you will have proof that they received it. Are you able to leave voice mails with the lawyer? Keep documentation on the calls attempted to him. Also, you may want to contact the court house to see who is actually sueing you for this debt.

Posted: Fri Feb 09, 2007 8:12 am Subject:

I actually just called the courthouse and they told me it was the collection agency that said they didn't own it. I told her what they said, so she redirected me to the credit card company, who redirected me to another collection agency, who isn't in business anymore.

I've written down every place I've called, the times I called, who I spoke to, and any other information they've given me, so I do have that. We've now attempted to contact the lawyer, with no response, three times and another woman that we were redirected to once.

I'll send out a debt validation letter to the CA on the summons. Is there anything else I need to do in response to the summons, or would that be considered a reply?

I really appreciate all the help I'm receiving. Thank you.

Posted: Fri Feb 09, 2007 8:38 am Subject:

ok.....time to get into "bad guy" mode; first thing comes to my mind is; this "lawyer" may have worked for the company that is no longer in business & if he was owed money by the agency that is out of business? he might have accepted uncollected accounts as a partial settlement for services rendered. I forget the term for that kind of situation...."assigns or assignment". Like I've stated, not a lawyer nor do I pretend to be one.

2nd thing is: pull your credit reports if you haven't. inspect them carefully, make sure that the "lawyer" hasn't shown recent activity on this supposed account. Try hard to locate the name of the original creditor, contact them. And definitely find a lawyer & file for discovery at the least or stall this by requesting more time from the judge due to the complication of not being able to confirm or verify the debt......show up at court too. it just may be this "lawyer" is just another playa in the debt collection game & running a con.

third thing: track his telephone number, make an inquiry with his states bar association to find out if he is on the up & up. always better to be safe than sorry later on.

Wink

Posted: Fri Feb 09, 2007 8:57 am Subject:

I just pulled his credit report - there *is* one from "TRAKAmerica".

The collection agency on the summons redirected me to TRAKAmerica, saying they no longer owned it. According to their website, they help find "suit worthy" accounts. Does this sound at all fishy? TRAKAmerica claimed not to own it, too, then told me to contact the lawyer on the summons. If I'm understanding all of this correctly, does it sound like the lawyer is actually the one who "owns" it, not any collection agency? If that is the case, how can he claim he is suing in the name of the CA?

Posted: Fri Feb 09, 2007 8:15 pm Subject:

Well, you received a summons, so there is a live person somewhere in here. Your greatest evidence here now is the documentation you've been building. the judge will find it very interesting that the attorney is not returning calls. I think these guys are assuming that you won't show up and they'll get a default judgment and just garnish. Which, by the way, is what typically happens. Most people get so frozen by not knowing what to do that they do nothing. Creditors count on this because it happens so frequently and garnishment is just another step in the process. Moral: stand up for yourself and fight. I sounds like you will have a good case if you have tried to validate the debt and no response. If they bring proof to court, they have to provide it to you. And again, you can either get the case dismissed or you can mediate it, depending on what happens in court.

Posted: Fri Feb 09, 2007 8:41 pm Subject:

The summons doesn't have a court date on it, it just says we need to contact the attorney, but he doesn't seem all too interested in talking to us. I'm wondering if he's just now sitting back and not replying to see if we wait it out for him to respond, so we can't give our response in time?

Is a debt validation letter considered a response to the attorney in regard to the suit? I should submit one to the clerk of courts too, right? I know, at the very least, that the amount on the "credit line" is totally wrong.

Thanks again.

Posted: Fri Feb 09, 2007 9:22 pm Subject:

what mail address did the letter come from?

Posted: Fri Feb 09, 2007 10:24 pm Subject:

It came from the "clerk municipal court". Do you want me to post the address?

Posted: Fri Feb 09, 2007 10:27 pm Subject:

nah, the addresss of the attorney should be on be listed on the summons as well, sorry I didnt specify

Wink

*chuckle*

Posted: Fri Feb 09, 2007 10:31 pm Subject:

Sorry, I'm kind of out of it tonight. *shakes head*

Actually, the lawyer's address is the *only* address on it. The only way I knew the name of the CA was because it was right above the lawyer's name on the summons.

Posted: Fri Feb 09, 2007 10:33 pm Subject:

ok, put it up....I'll go see what I can dig up. is this is right from his office too?

Wink

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