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Received "summons," not sure it's real

Date: Wed, 06/03/2009 - 19:32

Submitted by anonymous
on Wed, 06/03/2009 - 19:32

Posts: 202330 Credits: [Donate]

Total Replies: 3


Last week I asked about a law firm serving as a collection agency. They had requested info on our cars from the department of licensing. I had not previously been contacted by this firm.
Well, on June 2 I received a dunning letter dated 27 May, to which I plan on responding.
Today, I received a knock on my door and this guy verified who I was and handed me a summons. Or so he said.
On the face of it, it looks like a court summons, but it doesn't have a case number, nor does it have any signature or stamp from the courthouse.
In the first paragraph, it states at "A lawsuit has been started against you in the above-entitled Court by ... then it names the OC.
The attached complaint is for Monies Due and in the middle of the page it has the debt collection mini-miranda.
So, is this a real summons? I checked my court online right after I got the summons, and there is nothing there. The summons is dated 28 May, so I would imagine it would have been filed by now if it was real. Any ideas? Suggestions?
I was going to send a DV and request a payment plan upon validation.


Well, that's a sticky one. It takes time for the lawsuit process to go through so they are just hedging their bets. If it turns out that they don't have a leg to stand on, they may request the case be dropped. The FTC has stated that the 30 days is not a grace period, it's only there to give you enough time to prepare a dispute case.

The first step though, is to make sure it is a real summons.


lrhall41

Submitted by Chrys Henderson on Thu, 06/04/2009 - 02:01

( Posts: 2538 | Credits: )