I NEED TO ANSWER A COURT SUMMONS!!! Can Someone Help Me?

I've been emailing all the attorneys on the naca list in NJ and now I was told that I need a PA attorney and the PA attorney told me I need a NJ attorney. I'm so confused and I'm in tears.

I know it's Friday the 13th but is this a joke or what? Where are you supposed to turn on this?

I am totally disgusted at this point.

2500 is way too much. I just got a retainer on a case for $400 which was fully refundable if the lawyer did not take the case. He took the case and the final cost was $1000. This case had nothing to do with finances but I am pretty sure it took more work than what your case will require. Your case should be done after you answer the summons if all goes well.

I do not know what is up with your husbands. Ang tell your husband if he wants to give me 12,500 I will take care of that debt for you guys. Heheh. My wife is similar to your husbands though. Although instead of paying she just ignores creditors and I end up having to deal with them. I married into a big mess.

LOL Dollars! I'll give hubby ur addy ok?? ;) That's what i tried to explain to him!! Why in the HELL would u pay $12,500 on a $4,400 original debt???
Sheesshhhhh...
Now Moki, i'm so sorry!! It IS Friday the 13th but all's not bad.... it just looks like ur gonna have to hang tight for bud hibbs answer and if that fails then ur gonna have to do it on ur own!! Heck it may all work out and u succeded!! :D
Be strong, we're all here backing u up!
Ang

Come into chat Moki, if ya can, we can talk there! Hope to see ya soon,
ANg

I haven't gotten an answer from anyone. I guess why I'm so afraid of going it alone is because a comma might be out of place and they'll grant them a judgement because a comma ia out of whack.

I will have this in the mail Monday afternoon, priority mail, certified return receipt!

I figure I can bounce this back and forth with some the forum members. I will post the letter and let you guys critque it.

I couldn't agree with skydivr more. File your answer, and state the this collector has no cause of action because the SOL has run, and thus that you request the court to dismiss.

I finally had a chance to sit down with that god awful summons. I look at this thing and it mentions Count one, number one PLANTIFF SUE FOR THE PRICE OF GOOD SOLD AND OR SERVICES RENDERED ON BOOK ACCOUNT.
What book account?

Count one number 2 There is still due on said account the sum of $4,526.66 toghether with interest from August 13, 2001 of which no part has been paid although repeated demands for same have been made and as often refused.

I need to know what book account? Basically, how do I anwer those two counts and sound intelligent?

I know you must be feeling pretty desperate right now, they are hoping you don't respond. I have lost track of who is suing you. I have to go back and read. Is it Cach?

Besides the phone call to these clowns, what else do you know about them? Have you googled AGD Financial, to find out who they are? I did that with mine and found alot of information on them. I can only open one page at a time, I am going to see what I can find out, brb.

I googled them and found this summons sheet on someone else. Notice that the defendant is from Mo and they are suing him in Mo.

http://www.greenecountymo.org/ccourt31/calendar/..%5Cnxhist.exe?casen=307AC4630

Do they still think you reside in NJ? What is the address the summons was issued to, Pa or NJ. Where does your mother in law live? Pa or NJ.

Hi Fed,

Summons reads Apothaker & Associates

Plaintiff AGD Financial Trust 2002a

Original Creditor PROVIDIAN (This is one the statement of account which is a typewritten page).

FED,

The summons was issued to NJ Address, my mother in law.

I live in PA for over 2-1/2 years.

Is this a kick or what? If my husband didn't go to her house that week, I would have never known. They never call us, it costs too much money!

I guess what I am trying to figure out here is are they representing providian or did providian sell the debt to them? I had two cases, the first one was capital one and the attorney was BLM, in all paperwork it stated that capital one was the plaintiff and that BLM was representing them. These are the ones that keep continuing the case. I have paid them over half. Last payment is on 7/27, I think they will drop it then.

The other with providian is a completey different story. Cach bought the debt for pennies on the dollar and now they are trying to collect it and more. They want $2800 from me. I refused to pay it until they prove they legally own it. I would answer the questions to the court to get you out of the time frame they issue.

I will pm you on what I did.

Just out of curiosity, who shows up as owning this debt on your credit report? Mine shows cach for my providian. Have you checked that yet? You can get a free copy by going to annualcreditreport.com

I have to check the credit report. The link you posted, those are the clowns. Now I know that there's a suit against Apothaker in Northampton County. I'm trying to get the link. I googled Apothaker David J and it popped up. Seems like AGD and Apothaker are having a field day.

The suit in Northampton County, PA is where the gal is suing them. I have the docket number and I would love to know who is representing her. I would sing like a canary.

What I can't understand is how can they sue in NJ against a person who lives in PA and then enforce NJ law in PA? I'm just so confused. Time our for a panic attack.

Just stay calm, get mean, see who is listed on your credit report.

Do you think they are representing providian directly or do you think this is a collection agency that purchased the debt. If they are representing the original creditor it changes the rules completely. You need to find this out.

Go look on ur credit report Moki! U can get a free one at the address fed gave u up there ^^^. It only takes a few minutes and then u will see who legally owns this debt or claims to anyway!
Good Luck,
Ang
P.S. sorry i keep getting ur case mixed up with CACH! Cuz this sounds EXACTLY like something CACH would do!

PLANTIFF LISTED IS

AGD FINANCIAL TRUST 2002A


The reference to PROVIDIAN is on the attached STATEMENT OF ACCOUNT which is typewritten and listed as ORIGINAL CREDITOR.

Fed got your pm. I am answering this no matter what. Will answering this change time frames? How? Also, do you think a tax statement and driver license is enough to prove residency in the Commonwealth of PA? Another question, is it legal to sue someone in one state and they don't live there?

One attorney in PA told me that he can do a lot once it comes to PA. Does that sound right?

I'm no atty here but that sounds right to me! Seems they would have to sue u where u live.... but these sneaky CA's, mostly, will try anything. ANd they were probably banking on u NOT answering and winning by default! SURPRISE SURPRISE (in my best gomer pyle voice) to them! ;)
Much luck Moki,
Ang

Ang,

Default was they're game. They know I moved. I mean come on.....2-1/2 years and my address doesn't show up anywhere. Yeah, sure right, tell me another story and are you on planet earth?

I suspect that they were hoping that I wouldn't get the summons and then it would be a default.

Let me get something straight.....when I answer they cannot get a default judgement or perhaps even a judgement at all?

I did look up venue and all that stuff with the Fed's and it states must be served in your venue. I didn't know PA merged with NJ. If they did, I wasn't notified. I really think this is going to be a humdinger of a case.

Back to answering a bunch of bozos.

Will keep you posted.

If u answer they can NOT get a default!! Once u answer this summons the burden of proof is on them as they are the ones suing u! THEY have to prove all this bs they said on the summons! SO deny all that u can of it! Don't lie though, this is a court! Just answer honestly but deny all that u can!
I did give u an example of how to answer right? Sorry this forum is just SO big i forget who got what! lol
Much luck Moki, stay strong!
Ang

hi moki--

I will again extend this offer to you. I am not a lawyer but I do know this law well, and I have experience dealing with different courts, so I can understand a lot of the legal speak. I dont want any money, I just want to help. You can send me a private message through this forum if you are interested. You have a rock solid case, no matter which place they filed suit. The SOL, by the way, is the same in NJ as it is in PA, so you still have that reason for dismissal. If you want, I can go over everything with you, from the wording to use in your answer to specific laws that you can cite to support your claims. If you are interested, please let me know. Again, please understand, I will not accept any kind of payment for this, I dont want it. I just want to help a fellow member out. These CA's really get me all kinds of pissed, and I have basically declared war on them....so, let me know if there is anything I can do. I would be glad to help you get through this--we all will!

Skydiver,

I will take you up on your offer. I will get this to you by tomorrow afternoon if that's ok with you?

I can't thank you enough!

hugs,

Moki

That's very kind sky! Take him up on his offer Moki, sure can't hurt anything! ;)
Where are u from sky? Aren't u the guy from La.?? I get so confused with all the people in here! lol I have CRS! :D
Happy weekend,
Ang

moki and ang--

the law allows a CA to legally file suit against you in one of two places.....

1--the jurisdiction where you currently reside
2--the jurisdiction where the credit agreement was originally signed, regardless of whether you actually live there or not.

This is up to the CA, they have that choice. This is not illegal, so there is no possibility of using "improper venue" for your defense.

Moki, when you answer, they cannot get a default judgment, that is correct. And if you answer this properly, they cannot get any judgment at all. The info you have posted clearly shows something, let me show you....this is what you posted earlier--



The red text is your ace in the hole, moki. This clearly shows that they are trying to charge you interest from a date nearly six years ago, and you have not paid anything in this time. What does that mean? Simple--the statute of limitations is clearly expired! SOL in NJ, same as in PA, is four years on this debt. This is the only answer you need right here. OF course, I would still bring up the improper service as well.

Also, they will not get a default against you if a comma is out of place. I know you are worried about that, but it cannot happen. Go ahead and post up your letter, we will take a look and make sure it all fits. Above all, take a deep breath, this is going to go your way. You are going to be ok!

skydiver, you are awesome, I feel so bad for moki, I know how stressful this can be, I am going through it too with cach, they are claiming I made payments though. Which I did not. Just sent in a discovery to make them produce proof of said payments.

See moki, there is hope.

Sky

I'm working on it. Why I'm so confused about venue is how can one answer when they didn't get the paperwork. It was just a miracle that my husband went down there.

They're statement that I refused is totally wrong. How the heck can I refuse when I was never asked.

The only thing that is bothering me is the sol. I swear I saw somewhere that it was 6 years.

I'm just worried about the bank account and the house. This is just a credit card nothing more nothing less. The bank account has my husband's pension check. This is our only means of support and if they get that we are sunk. I don't want to get booted out of my house either.

Oh God the thoughts that are going through my head right now.

Ok I will get this to you by tomorrow. Lots of typing.

It's in Monday's mail!

UPDATE!!!!

Husband came across more mail from Mom's

In it was a letter from a CA

Nelson Watson & Associates, LLC
80 Merrimack St
Haverhill, MA

In the letter is listed the same account number for the one on the summons.

Creditor is Arrow Financial

Original Creditor is AGD Financial Trust 2002a
Account number SAME AS ON SUMMONS

Instructions to send payment to Nelson, Watson and Associates.

What the heck am I dealing with. Should I include this in the court package?

UPDATE!!!!

Husband came across more mail from Mom's

In it was a letter from a CA

Nelson Watson & Associates, LLC
80 Merrimack St
Haverhill, MA

In the letter is listed the same account number for the one on the summons.

Creditor is Arrow Financial

Original Creditor is AGD Financial Trust 2002a
Account number SAME AS ON SUMMONS

Instructions to send payment to Nelson, Watson and Associates.

What the heck am I dealing with. Should I include this in the court package?

Have you pulled your credit report yet to see who is showing up as owners of the debt on there yet? Debt is sold more than a used car these days, it is amazing how many hands can touch it.

As fed has asked have u checked ur credit report yet? It's really easy to do at annualcreditreport.com, that's right isn't it? They give u one free a year. Go look and see who has this debt now! Ur original creditor should be shown as a charge off, then it should show who owns this debt now and quite frankly both of the CA's are probably reporting still. You NEED to check this out and have them correct it!
Good Luck Moki,
Ang
P.S. Hate to even say this but do ya think ur hubby's been keeping this from u?? The papers from CA?? YIKES! Hope not, also dont' panic they will NOT take ur home! A judge at the worst will set up a payment plan for u and if not i think all that will happen is a lein on ur home... I've never heard of them taking someone's home from under them!!

I would definately take sky up on his offer moki, sounds like it could be taken care of with the SOL. that would be the easiest route to go.

This whole thing is so confusing. I'm beginning to think that this is just an attorney who probably bought this account.

I'm still spinning on the answers. I do know that I'm denying all the counts and I am putting my proof of residency from PA in that package going to the court. I'll be damned that they say I received anything in NJ except for the certifed letter since my mother in law signed for it. I'm still battling this move from NJ to PA. Seems like we are being punished for the time we spent 6 months in a rental home. It was in a private community we didn't have a mailbbox since we were not permanent residents. My husband's solution was to send everything to HIS mother! Well after the electric bills disappeared mysteriously and then reappeared after the account went to collection I started to see the light. My mother in law did make a statement before we left NJ....."I don't want you to go to PA". Hmm I just wonder if this isn't a way to get back at ME! She's 85 and I don't think she lost the marbles yet.

I'm just so pissed that I didn't get the CA letter so I could set up a payment plan or whatever. Now I have the husband screaming and yelling they better not touch my pension check. He took my name off of the bank account so I'm sitting here with no access to money except when I beg him.

Totally disgusted and ready to choke.

Well Moki, actually it's better to have everything separate! Me n hubby have always had our own accts along with ONE joint acct. And now that this suit has come along it's actually a good thing! We DO live in a community property state so that's why CACH is now trying to go after him... SIGHS. But as far as our home, he owned it prior to the marriage 22 years ago so it's NOT considered community property and our savings acct (only in his name) is from an inheritance from his dad, again not community property but guess i'm lucky cuz i NEVER have to beg for $$. He's very generous when it comes to me and the kids but i also work and get paid cash money so that's our mad money! ;)
Plz be strong and hang on for the ride! It'll all work out, always does in life....
U have lots of folks on ur side here on this forum and we'll help u and support u thru this whole mess!
Take a few deep breathes and enjoy ya Sunday!
:D
Ang

Thanks Ang for the shoulder to lean on. I just have to get this in the mail. I did send all the infor to Sky. I just don't want to screw up on an answer. I know how these things can get off on a technicality.

I know that these people are doing something wrong here just from looking at the credit report, ca letter and now the summons.

Who the hell ever heard of AGD Financial c/o David J Apothaker what is this long distance?

I just don't want them to get that judgment. I remember speaking with the girl at the law firm and she told me I have to prove it's not me.

I'm just praying that I send in deny on all the questions along with a proof of residency here in PA and the judge tells them go sue in PA. If I can get it here I have plenty of attorneys that will take the case.

Panic attack number 3 and it's only 9:30am here.

Breathe Moki breathe! U've got lots of support here and seems the ball will soon be rolling in ur court! Hang tight, as my atty tells me ALL the time! SIGHS. I know it's hard but it'll be ok, and as long as u answer they can NOT get a default... the rest is up to the judge which btw u may have to go and appear if it gets that far, somehow i doubt it though!
Keep taking deep breaths and ull be ok soon,
Ang

And btw...
when i went in for my judgment rule, the judge was SUPER nice! They're people just like we are! I was SO freaking out to go into a court room but he made me feel comfortable and was very nice man! All he did was send us out in the hallway for this atty to ask me a million questions which i had brought all documentation for! He was shocked that i had it all there, guess most people dont'.... I was ready for them this time! :)
SO just remember the judge is just a man in a robe! ;)
Ang

Hi moki--

check your PM's, I sent you a response. Also, this is very important, what kind of debt is this? Was it a credit card account? You mentioned the 6 year SOL, there are actually different SOL's for different kinds of debts. In NJ, a credit card account(or any other open-ended credit account) has a SOL of 4 years. If this was a set loan, for a set amount of money, that would be a contract debt, which has a SOL of 6 years. That is why you saw two differnt numbers for SOL in NJ. We need to make sure of the kind of debt this is.

Oh, sorry, I forgot about those other letters, I would not mention them. Leave them as they are. If you put it out there that other mail regularly went to that address, it could hurt the claim of improper service. By the way, how long ago did you STOP using that as your mailing address?

We officially moved to PA in our own home in April 2005. I have the moving permit and also the tax payments for the year 2005 and 2006 with my name on them.

I can tell you from personal experience that they would have no problem getting your address. You have official things on record at that address, I could actually pull up a database right now because of my expeirence in bail enforcement/fugitive recovery. They likely didnt even try.

Also one more thing, do you know what date the complaint was actually filed by them in the court??

I am hoping ur panic attacks for the day have gone Moki! :D
Be strong and always know that there IS someone here that's willing to help and if nothing else give u support and a shoulder to lean on!
Keep up the good fight,
Ang

Well I'm working on the summons right now! I just want to get the answer in the mail so I know it's out.

Panic attacks are still coming and the worse is just waking up from a sound sleep.

I have nightmares of them kicking me out of my home, seizing my husband's bank account and all that stuff.

Hopefully, the answers will make them see the light.

It's 10:43 AM and I just finished the answers to the summons with the help of Skydiver and ANG, FED and all the forum members. I cannot express the gratitude to him and all the forum members who are supporting me! I will be on my way to the post office shortly to mail this CERTIFIED, RETURN RECEIPT!

Now all I have to do is wait and pray it is acceptable to the court.

Skydiver you are in my prayers and I am forever grateful.

After the post office I'm going to take a well deserved nap.


Now we'll wait for round 2.

alright moki, please keep us updated. Hopefully this will put an end to this mess, and we are right here to help with anything else that comes up. You can message me if you need to about this, no problem. Let us know what the response is and we will go from there.

Good Luck Moki! We're on ur side! Hope u get some well deserved rest in your nap!
Smiles,
Ang

I am in a huge dispute with David/Edward Apothaker. The first thing they said when I called once I received the summons (via sheriff which I was really proud of), was that Edward was "not an attorney." My debt includes 2 seperate lines of credit that I took out three years ago when I had a much different lifestyle. I admit to the debt, but both have been almost DOUBLED in cost due to "interest." I fought back and forth with this guy for hours. I don't have the money they want. I asked if he would fax me proof and he just kept saying "I can't send you anything, you can write it down if you want." The second line of credit that they have on file was not even involved with the summons, and he would not deal with me if I would not deal with both. I don't know, part of me thinks it would be better for me to just go to court. Any words of wisdom?

Yes, it would be better to go to court. Often the attorney in the case is more reasonable at that point and they would be far more willing to come to a settlement arrangement IF they can prove it's all your debt and they have the legal right (which I honestly doubt) to charge you all those fees. You would file a Motion for Discovery, which is *far* more comprehensive than the DV procedures - by a mile.

Here is some info on negotiating for a settlement arrangement in court in order to avoid a judgement:
"http://www.nedap.org/hotline/settle.html" It is for New York and so may vary in slight details with your state.

Doesn't the plantiff need to follow the rules of service in the defendants state. I know that some state allow "nail and mail" while some states don't.