I received a summons that was not filed.

I doubt I've understood your problem clearly. However, if the summon isn't filed with the court, there is no need to answer it as well. But I've heard of incidents where the lawsuits were filed against the individuals in another state, where the loan was taken.

Quote:

I was served a summons (without a file number) and I called the county to see how I file an answer. They stated there is no case agains me...does this mean I do not have to answer the summons? It is also from a collections lawer and I was wondering if they are making it look like they are sueing me when in reality not. With no file at the court...do I need to do an answer or just ignore it?

Hi Shane,

If there is no actual case against you, then the creditor has directly violated the FDCPA by misrepresenting the nature of the communication. File a complaint with the Federal Trade Commission and your state's Attorney General's Office.

Which creditor was this about?

chrys

Chrys
It with a collection debt attorney title is "Rausch, Sturn, Isreal, Enerson & Hornick, LLC" and the Plaintiff is is CACH, LLC ASSIGNEE OF METRIS. The "summons" that they sent me looks official...but again there is no file number on it nor is it filed in the court it states on the "summons." I'm in Minnesota and live in Anoka County and there is nothing on file. So I can assume this is not a summons and I should contact the FDCPA and my strates Attorney? I think you so much for any information! I'm not smart when it comes to law stuff and I'm terrified that I will screw any of this up if it were to be ligit. Thank you Chrys!

Shane,

It just doesn't sound legit to me, based on the info I have. Is it really your debt, or is the debt disputed? If disputed, have you sent all 3 a Debt Validation letter?

It's good to be careful. The courts are all about process and if you have to go that route, you need to make sure that you have exhausted opportunities for an amicable settlement first.

But fraud is fraud, and pretending to present a summons (an official document of the courts) is deceptive at best.

I would immediately send it (both by mail and email - mention in the email that the mail is coming - and in the mail when the email was sent) to your State's Attorney General's Office. They should be able to tell right away what's what and inform you of that.

And that without a file number on it makes it doubly suspicious... An official court document would have the file number on every page.

If/when the AG responds that it is not a real summons, then head right over to the FTC Complaint Assistant (.gov) and file.

If/when the AG reports that it *is* a real summons, then they will tell you which court it is in, and if too far from you, file a motion to dismiss. But as I think it's a fake summons, I don't think you'll have to go that route. *If* you do, let us know.

Oh, and check out Budd Hibbs' exposee on CACH LLC at http: //budhibbs.com/ debtcollectorpages/ collect_america_cacv.htm
(Copy/paste, and take out the spaces....) Apparently they love to violate FDCPA law, and hence need to be stopped, which can only happen by people like you who are being lied to by deceptive and greedy collection practices.

chrys

I checked on that law firm, and they are in Wisconsin, so you may wish to check with the Wisconsin Attorney General's Office also.

MN can use a "Hip Pocket" process for civil claims of this nature. It is a way to get some paper flinging out of the way prior to filing the claim and tapping court resources. What you have described is normal actually.
A quick call to a consumer attorney in MN would be a good start if you intend to defend the suit.
If you suspect violations of the FDCPA contact Pete Barry in MN. One of the best 1 experts in the country.
He can be found @ lawpoint.com

I agree about contacting Pete Barry.....we have used him with excellent results. I highly recommend him.

Thanks for all of the information!!!! It has really helped!

Thank you to all of your for you help and input!!!

OK...so I am being sued by a credit card for $3,270.00. Is there anywhere in my answer to the complaint that I could say that I would be able to pay $200.00 until the debt is paid off? Or is that not the thing to do. I could afford this...and I'd rather do it that was than have them garnish me. Can this be done? And if do...how do I word it on the answer? Thanks for any help!!!

Shane J. Murray