Is it too late???
Date: Mon, 09/10/2007 - 14:33
I have been served without knowing anything, whether it is mine or original creditor. I have never contacted by this collection previously and I have not even received anything from the court, yet I found from the court record that the case against me was filed.
I contacted an attorney to represent me. And I was told if win, 40% of whatever sued will be paid to the law office. If lose, that's it. Whichever it turns, I would end up paying some even it turns out to be not mine?
Is it too late to take it out of the court by contacting the collection to settle? If they can valify it is mine, I would pay.
I was told by the attorney not to contact the collection.
Any advice?
Thank you.
If you contact the collection company and know the details of th
If you contact the collection company and know the details of the debt for which they are taking you to the court, you can propose a settlement and stop them from filing a case against you. By not contacting them, you will actually be allowing them to file a legal case if their collection is legit.
As part of discovery, send them a letter demanding full validati
As part of discovery, send them a letter demanding full validation of the debt.
I feel like I've answered this question recently. Contact th
I feel like I've answered this question recently.
Contact the agency to find out what they are collecting for. Get their address mail them the verification letter.
Answer the summons to save yourself a lot of trouble.
They have already filed the case against me and I have been serv
They have already filed the case against me and I have been served.
I have sent them a validation letter. I was told once it is filed, it cannot take it out of the court??? I do not want to pay for something I did not owe, obviously.
I do not know the legal process at all.
According to case summary, Complain is filed. Summons issued and file, Certificate of Service Mailed.
Thanks.
Yes it can be taken out of court. That's what filing a motion t
Yes it can be taken out of court. That's what filing a motion to dismiss is for among other things.
Get a copy of the complaint (generally one was supposed to have been sent to you), so you'll know what sort of defense to affirm in your answer to the summons. Don't bring up any possible wrong-doing or violations of the law they might have made, you might not be able to use them later if you decide to sue them.
Thanks. I have my friend send over to the court to pull the co
Thanks.
I have my friend send over to the court to pull the complain since I am out of state where the case was filed.
Doesn't any suit against you have to filed in the county where y
Doesn't any suit against you have to filed in the county where you live? Wouldn't that be a defense right there? I'm not totally up on the law so have no clue but I am sure I have heard that somewhere here.
If I am not mistaken this gues just recently moved to NY from CA
If I am not mistaken this gues just recently moved to NY from CA. He may not be considered a resident yet but still living in CA. It will likely get dismissed and they will refile in the new state.
FYI. You got it right. I relocated to NY a year ago from CA.
FYI. You got it right. I relocated to NY a year ago from CA.