Served Summons - Being Sued
Date: Fri, 02/16/2007 - 00:24
I have contacted numerous attorneys and they want my FIRST BORN! I am not employed because I had to quit my job to raise my 9 month old granddaughter. I live on child support arrearages for at least the next 6 months.
My question is.....What do I do at this point?
Quote:The original debtor is not listed on the petition. My f
Quote:
The original debtor is not listed on the petition. |
My first question: who is the original debtor and how are you affiliated? Is First American Investment the original creditor? Are you the only named defendant on the summons? Is there a contact name at First American? Perhaps something can be worked out in advance of the court date.
Ensure that you make the court appearance and explain your situation. Perhaps there is free or low cost legal counsel available.
Answering your questions
First American Investment Inc is not original debtor. but I'm guessing they bought the account from Providian Visa as it shows on my credit report that the account was transferred/sold. Yes, I am the only named defendant. This is not a summons to appear in court.
At the bottom of the Petition it states, ATTORNEY'S LIEN CLAIMED. What does that mean?
I could be wrong and someone please correct me if I am but First
I could be wrong and someone please correct me if I am but First American bought the debt and that is who you need to contact regarding the debt. This happened with me on an AT&T acct that ended up going to an attorney after it passed through 3 different hands. Once I got through the validation letter and all that I realized I did owe the debt and set up a payment plan with them. This attorney was actually good and worked with me.
This is the definition of an Attorney lien attorney's lien - the right of an attorney to retain a client's papers until the attorney's fees have been paid
Have you tried contacting a neighborhood legal aid in your area?
Have you tried contacting a neighborhood legal aid in your area? they do have income guideline they go by but if you dont have much income rightnow you may be eligible .
I received a summons on a personal loan account for payment plus
I received a summons on a personal loan account for payment plus the collateral i listed on the application. They are suing me and my husband and because of the economy, we just don't have the money right now. Is it legal for them to ask for both? also, they said unless a written defense is made by us or an attorney, the judgment would be in default. how should I handle this should I hire an attorney?
Yes, if it is a Secured Loan they can repossess the security due
Yes, if it is a Secured Loan they can repossess the security due to the Lien they have on it. However, usually what happens is they sell the security and then bill you for the remainder of the loan minus their sale price.
Here is a link about the Litigation process. "http://www.nedap.org/hotline/court.html"
While you can appear pro se (by yourself) it is highly advisable to hire an attorney. If you cannot afford one, then inquire of your County Court about Legal Aid.
First American Investment
I have a judgement from First American Investment for $3306. I just pulled my credit a month ago and found out. I did some research and it was orginal by Washington Mutual in 2001 then to Providian and now Chase card services. I tried calling the original creditor but they are out of busines.I called chase and they do not have a account for me, they said i am not in their records to call First American. I have never had a account with any of them. I live in Florida. The judgement does not have a phone # just a local court address. How do i go about solving this matter? I tried calling FA but the one number that works only goes to a voicemail saying "FA holding" leave a message. I dont want them calling me.
call the court and ask who the plaintiffs attorney is and contac
call the court and ask who the plaintiffs attorney is and contact them.