Received "summons," not sure it's real
Date: Wed, 06/03/2009 - 19:32
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.
If it is a real summons, the DV is a waste of time. The best way
If it is a real summons, the DV is a waste of time. The best way to check is to call your courthouse and ask.
If they send me a dunning letter telling me I have 30 days to di
If they send me a dunning letter telling me I have 30 days to dispute or request validation, don't they have to give those 30 days? The dunning letter is dated 27 May and the alleged summons is dated 28 May.
Well, that's a sticky one. It takes time for the lawsuit process
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.