Notice to Appear

Sounds as if they are trying to get a judgement against you for your failure to appear.

But that doesn't make any sense. I received the summons over a month ago, which required that I provide an answer to them and to the court within 21 days, which I did. The notice to appear is for Jan. 16, 2009. I have not failed to appear yet. I'm wondering why they want me to appear now, when I have already paid these debts and have provided them with proof.

did you file your response in person?if not do so.it sounds like they want a default judgement for some reason.go in person and file your response.

Yes, I filed my answer to the court in person, which also required me to sign the bottom of the answer form, stating that I sent a copy to the CA attorney by mail. I did both.

who is this CA?it does sound like they are trying to get something for nothing.i would show up with everything you have got.then get this dismissed with prejudice.this is a joke of a CA trying to play some kind of game to get a cheap payday.do not let them get away with it.

Thanks, Paulmergel. I know from my CR that the CA is Allied out of Michigan. The plaintiff listed is the hospital, represented by an attorney' office from nearby. No mention of Allied on the court papers. I know Allied is 'scumcity' but alot of area medical collections go to them. I don't know what they hope to gain from me going in to court and presenting the same proof I've already provided. They'll make their attorney look foolish, don't you think?

of course,but they are counting on you not showing up.all of this is an attempt to confuse so you somehow miss the court date and they get the default judgement.seen it before,and not just here.with friends of mine as well.

I know this is off the path...what would happen if a CA sent "court" papers to the wrong address and when you find out ..it's to late...you have a judgement against you? Could that be sonsidered fraud when the person being served gives the correct address to everyone involved in the case? Just curious.

Molly

yes,that would be improper service my friend.a lot of defaults have been vacated because of that.nice catch by the way.

Could the CA have fraus charges brought against them when the person has documentation like the CA sending collection letters to the proper address and so on? Or is this wishful thinking?!

Molly

Well, what exactly are they trying to get a default judgment for? The three plaintiffs were listed individually on the summons and complaint, with amounts being sued of $146.00, $78.00, and $92.00. I paid the OC's $146.00, $78.00, and $92.00, and provided proof of those payments in my answer. So what good would a default judgment do them?

My daughter still has the "notice to appear". I'm suppose to get it from her next week so I actually haven't seen it yet. She read it for me over the phone and said that the plaintiff was the hospital with the $146.00 amount owing. The check I sent them cleared and proof was included in my answer. I don't get it...

By the way, I will gladly show up in court if need be. There's nothing I'd like better than to watch them waste the judge's time.

Well the judge probably does not look at your file. When you go to court you either show them you paid it or you tell him you sent it in, I assume you sent proof to both the court and the plaintiff.

They are hoping you don't show up because they probably know you paid it but they figure if they can make a few bucks they will try, ILLEGALLY!!!!!!!!!

I had a checking account with a line of credit. I somehow went over this line of credit and forgot about it. When I figured it out I went to the bank and paid the $230. A few months later I have a debt collector calling and threatening to put me in jail and told me to pay right now. I told him I already paid it. He said you better fax that to me today or I am suing you. I told him to go F himself and to call the bank and find out on his own.

He probably knew he couldn't collect on it, the bank probably told them that it was all set but if your a harassing debt collector and want to make money and you have someones information wouldn't you break the law?

Don't worry too much, as long as you have proof, they are just wasting their time and money and will do it to others and win, they just won't win from you.

Good luck and happy holidays.

Thanks, happy holidays to you too. It just all seems like a waste of time to me. I can't believe there is a lawyer dumb enough to try and collect something that has already been paid, especially when I provided proof.

dutch, make sure that you appear in court and bring ALL your evidence, as paul and others mentioned, they seem to be trying to get a judgement against you for not showing up in court, if this happens, they can then freeze your bank accounts, garnish your wages, place liens on your home,etc. Don't take any chances with these people, fight them.

I see it in my state, Massachusetts where a lot of these young lawyers get out of law school and for some reason they get hooked up into debt collection. They get stupid and they get greedy. If they where to stick with car accidents, medical malpractice cases and such, litigation can take months or even years. Sometimes you can go for a long time without having any lawsuits.

For debt collection attorney's, The cases are quick and easy to file. They don't care if it's the wrong person, they don't care if you already paid. They count on no one showing up and putting money in their pocket. They hire people at minimum wage to push all the papers and phone calls, and all the attorney does is go to court every day. One of Massachusetts top debt collector attorneys who was disbarred in 2006 would file about 15,000 cases in a year for $2,000 and under. 15,000 cases time $2,000 is 30 MILLION A YEAR!!!!!!!!!

Of course the liability goes up and they risk losing their law license like the guy I talked about above. But they don't care cause they can still make more money as a debt collector than an attorney. which is basically what they are, debt collector with a law degree.

Easy money for them but a low life crappy thing to do.