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Received court summons from credit card co

Date: Tue, 05/08/2007 - 16:41

Submitted by dollarl
on Tue, 05/08/2007 - 16:41

Posts: 7 Credits: [Donate]

Total Replies: 6


I had a CC with Household Bank back in 2004, that I couldn't pay off. This debt was charged off by Household and purchased by Atlantic Credit & Finance, Inc. I was served last week by the Sheriffs Dept to appear in court on Aug. 15, being sued by Atlantic Credit & Finance for $3900. The summons says I need to file a written response to the court within 30 days of April 25. How do I respond? What does the letter from me need to say? I don't know what to do - I don't have the money to pay the creditor. Should I contact Atlantic Credit and try to make arrangements for payments? Should I file for bankruptcy? I can't take the chance of having my bank account frozen or my wages garnished, as I barely make it from paycheck to paycheck now just paying for essentials. Should I close my bank account now?
I never signed any contract with the CA that purchased my account stating that I would pay them. What validation showing I owe them this money do they need to have and how likely is it they'll have it? I don't know what to do.


Without seeing the papers I can't tell you the response, but generally it's just a matter of saying "I agree (or disagree) with paragraph (or section) One... etc. and state some of your reasons. Most of all, be sure to show up for the court date, or they could be granted a judgment by default. Some states have laws, in which the judge would consider your financial situation. Too bad that debt buyer is trying to shake you down, it's a rip off. If it is from 2004, most likely the SOL hasn't run (although there are a couple of states with a 3 year SOL).


lrhall41

Submitted by Law Student on Tue, 05/08/2007 - 17:50

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Looking at these court papers again (I am in California), it says "you have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff. A letter or phone call will not protect you." It also says that "your written response must be in proper legal form if you want the court to hear your case" - what do they mean by "if I want the court to hear my case?" The court date is already set for Aug. 15. Apparently, there is also a filing fee for my response, and it says that "if you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court." Now I'm really freaked out - I have no money for an attorney, but make too much salary to be given one.
A new development, I just now checked my voice messages, and there is a message from the law office that is suing me to call them. Should I? This is all so confusing - I don't know what to do.
After looking at the Fair Debt Collections Practices Act, should I send the attorneys a letter asking them to validate the debt by providing me with the name & address of the original creditor, showing me that this debt was sold to them, and how they calculated the amount I owe them, as well as a complete payment history, a letter of agreement that bears my signature, and a letter of sale or assignment from the original creditor to their company? Or is this all something to be put in the response letter to the court? HELP!


lrhall41

Submitted by on Thu, 05/10/2007 - 16:31

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