Advice for young woman being sued by a collections agency?
Date: Sat, 02/23/2008 - 07:39
*Excuse me, that's $350 every 2 weeks, or every paycheck.
Hello paperkaye, what state do you live in? Had you received oth
Hello paperkaye, what state do you live in? Had you received other statements from this collection agency prior to this summons? What is the name of the collecton agency?
I live in Florida. Yes, I believe I have received other statemen
I live in Florida. Yes, I believe I have received other statements from Asset Acceptance, but to be honest, I've probably thrown them away without opening them.
Whatever you do, answer the summons! They can get a default jud
Whatever you do, answer the summons! They can get a default judgement against you if you do not, and you don't want that. First thing you should do is file for discovery and demand validation of the debt, to make sure that they are legally able to collect and that the amount they are collecting is correct. If they can't provide this information (and many can't) then you motion to dismiss. If they do come up with validation, then you can very likely set up payment arrangements with the court that you can afford and won't break you.
Goldenblast, I've heard the term 'discovery' used many time in t
Goldenblast, I've heard the term 'discovery' used many time in this forum, could you explain exactly what that means. And if a person were to 'file for discovery', what is the standard procedure for doing so? Thank you. :)
Discovery consists of written requests to the opposing party for
Discovery consists of written requests to the opposing party for information, documents, and testimony. The procedure varies greatly in different jurisdictions. Usually, discovery is not filed with the court, but sent to the parties and kept by the sending party.
Do they serve you with a summons before they get a judgement? I
Do they serve you with a summons before they get a judgement? I am kind of in the same position...agency has called and said that they are about to sign on a judgement and that I should get a lawyer because I don't want to defend myself in court. Some people have said that it is just an empty threat but I am really afraid. I didnt receive a summons though...Help?
Good chances are that they are just trying to scare you and for
Good chances are that they are just trying to scare you and for one what they did is illegal..they can't just 'sign a judgement'. That is an illegal threat designed to make you pay up in fear of being sued. You have to be served and you have to go before the judge...can't just simply decide to sign a judgement against you. Make them validate the debt.