Summons-LVNV FUNDING/APOTHAKER AND ASSOCIATES

I also forgot to add that there is no date to appear in court. Should we call the court to see if there any paperwork on us there? The letter also states that we are being sued. Is this a scare tactic? Thanks again, Heather

yes, call the court and give them the docket number.

Did you file your DV within the first 30 days after first contact? If so you are holding in your hand a piece of paper worth $1,000.

Also if it turns out that the document is not real I would contact the local District Attorney, Prosecuting Attorney and the State Attorney General and see if they want to file charges for presenting false court documents.

We received a letter from them on the 23rd of April and they received our DV letter on the 22nd of May. So we were in the 30 day range. Their response was a letter stating what we owe and that was it. That letter was dated May 30th. The summons is dated June 2nd. We are calling the court tomorrow to find out if anything has been filed against us. I just know I am crazy with worry over this. We don't have a lump sum payment and when they were contacted by the debt settlement company we were with they said they would not accept monthly payments. We are no longer with the debt settlement company because they really were not doing anything for us. We can't afford a lawyer so I am just at a loss as to what to do. Thanks, Heather

I just read that if they don't follow through with all the info we asked for in the DV letter that they can't issue a summons..is this true?

The have to stop all collection activity, including suing, until they provide the required information. You can use this if this actually goes to court by filing a counter suit for violation of the law. It is worth a $1,000 and they provided you with all the proof you need to win your case with the "summons"

Welcome to the community Heather.
The first thing you need to do is check with your court clerk's office to make sure it is a legitimate suit. If it is you need to answer the civil complaint/summons within the time frame specified. It is more or less like a true/false questionnaire. For instance where it says "Defendant resides at 123 N. A St." if this is correct your answer to that would be "Defendant does reside at 123 N. A St."

Since you requested validation under each section that states anything to the effect that you own the account or owe any money you should respond "Defendant does not have sufficient information to confirm or deny"

If you would like legal representation you should contact a consumer attorney in your area, you can start your search if you would like with naca.net

If you need any additional help feel free to ask.

Is there a sample letter of what should be stated in the letter to the court? Do I just tell our side of the story or are there guidelines to follow? Does anyone know of a way to get a pro bono laywer? Thanks, Heather

Sorry I accidentally posted a new topic with this same question...I meant to put it here.

If you are referring to your answer to the complaint it is answered in almost the same way that it is filed. Use the same format as I had explained in second to last post in this topic.