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Got a summons for a debt

Date: Wed, 02/25/2009 - 17:14

Submitted by serenitymassage01
on Wed, 02/25/2009 - 17:14

Posts: 5 Credits: [Donate]

Total Replies: 11


I just got a summons for a debt turned over to a collections company that never made any attempt to contact me about this debt. In my answer, I put that I agree to the initial debt but that I don't agree that I should have to pay all the extra costs because I was never notified. Don't companies have to attempt to collect on a debt before suing?


I haven't sent my answer yet. So, I will deny. I should deny all? It was for a bank. I had an NSF check they covered and then put fee on top of fee for. I do owe that and want to pay that. I just don't think I should have to pay all the lawyer fees since I never even was contacted about the debt. So, I should ask for a DV? I believe they attached at DV already to it, well an answer to a DV. If that makes sense.


lrhall41

Submitted by serenitymassage01 on Wed, 02/25/2009 - 17:24

( Posts: 5 | Credits: )


I haven't had a lot of hangups on my voicemail. I have had someone tell me to call them, but they don't identify themself and I don't call anyone back who doesn't identify themselves. As far as I understand it, creditors are required to not only identify themselves, but they also have to state what company they are with. At least that is what I have read in my state's RCW's. Am I wrong about that?


lrhall41

Submitted by serenitymassage01 on Wed, 02/25/2009 - 17:27

( Posts: 5 | Credits: )


To the original poster: You do not deny...you answer that you cannot confirm nor deny without debt validation. Do not give them your social security number; object on the grounds that a legit creditor would have that information. Basically, answer with an objection on any question regarding information that a legit creditor would have.


lrhall41

Submitted by on Wed, 02/25/2009 - 17:34

( Posts: | Credits: )


Thank you for all the help so far. I appreciate it. My question is this: Attached to the summons and complaint was a verification (basically saying this guy is the president of the collection agency and he believes the complaint to be true) and Exhibit A (which is the name of the initial creditor, my account number with said creditor, and the amount owed. So, can I still object and say that I can not confirm nor deny without a debt validation?


lrhall41

Submitted by serenitymassage01 on Wed, 02/25/2009 - 18:29

( Posts: 5 | Credits: )


To the original poster; yes, answer with a I cannot confirm nor deny. You have never entered into contract with this CA and it's up to them to prove you owe them money. Front and back of check would be validation with notarized copy from bank that they handed your debt to them.


lrhall41

Submitted by on Thu, 02/26/2009 - 04:13

( Posts: | Credits: )