Civil Summons

Do you have many more debts?....if you owe more money to other creditors, I would consider Chapter 7.
If so, please contact a Bankcruptcy Attorney next week, they usually charge $1,200 for the whole process, is fast and easy. I filed for Chp. 7 in 2005...and today I am free of any debts. You can pay the $1,200 to your attorney in several parts...don't let your creditors to ruin your life.
Good luck.

Jessica-thats not what she asked.
OK OP, first check with your court and make sure that summons is real. Then make sure you file an answer and I would put in my answer that they filed suit BEFORE the 30 day window you have. Go ahead and send the DV, cmrrr. Include in the DV to the firm that they filed suit before the 30 day window you are granted by federal law, so they basically may have just screwed themselves there.

[QUOTE=Anonymous;721840]I received a civil summons today from Javitch, Block and Rathbone for a Beneficial loan that is deliquent about 180 days (amt due approx $7,000). The file date with the clerk's office was 7/2. I had received a letter from the atty firm on 6/19 that I am in the process of writing and mailing a DV letter. The letter was to go out Friday certified mail but I wasn't able to get the post office. It will be going out Monday since my 30 days to reply is not until this week. I have not spoken to anyone from this firm although they have left messages on two occasions.

My question is can the civil summons be filed before the 30 days to validate/reply is up?

I know I will have to respond to the courts now that this is filed (20 days from today is the deadline) so I'm looking for any advice.

Thanks![/QUOTE]

Mornin' -

Short answer to your question: Yes. FDCPA, ?? 809(d).

I suggest that you make the time to get to the Post Office with that DV letter. It might not help at this point, but you can use it as the basis for a motion to dismiss, provided you mail it timely. Failing all else, you can use it to show the judge that you're diligent about following the laws. If you cannot get the suit dismissed, then ask for validation of the alleged debt during discovery. They still have to provide validation before they can collect, even in court. And the judge can compel them to produce the requested documents.

In addition to getting that DV letter out, be super-diligent about filing the required responses to the court on time. The other side will pounce on you if you don't.