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Is it too late???

Date: Mon, 09/10/2007 - 14:33

Submitted by anonymous
on Mon, 09/10/2007 - 14:33

Posts: 202330 Credits: [Donate]

Total Replies: 9


Hi.
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 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.


lrhall41

Submitted by Bridget on Mon, 09/10/2007 - 14:58

( Posts: 348 | Credits: )




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.


lrhall41

Submitted by on Mon, 09/10/2007 - 19:41

( Posts: | Credits: )


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.


lrhall41

Submitted by Law Student on Mon, 09/10/2007 - 19:53

( Posts: 1182 | Credits: )