Received Summon from Plaintiff cavalry Portfolio Services,LLC
Date: Sun, 03/14/2010 - 23:02
I'm not sure how to response/ act to this summon. It says that i have 30 days to dispute this debt & answer the filed petition. There are 2 number of statement in the petition. First one is i entered into a revolving credit w/ certain MasterCrad/Visa Card. Second one is the amount due with interest. Do i have toanswer to those 2 number & how to do it?
What should do? i have read that i have to send DV letter. Do i send it to the plaintiff attorney or CA or both?? I would to settle/ make payment w/out going to court since i have no idea what to expect in court.
What should i do next? if they have the proof?? is it better to settle bf going to court. Can i still settle with the CA & not their attorney ?
Thank you !
Hi Cutiebear, I think the proof that you have received is that
Hi Cutiebear,
I think the proof that you have received is that of debt validation. But if you are not satisfied with the details that you've received, you can always dispute them within the stipulated time by sending a counter DV letter from your side.
It's always better to consult an attorney as they can assist you in responding to summons in order to protect your rights. You can get a format from the court itself following which you can file an answer to the summons. However, an answer to summon is very necessary, because if you don't respond within the specific time frame, which is generally 20 to 30 days, a default judgment could be ruled against you. You can vacate the default judgment later, but it is always better to avoid judgments by filing the response.
A response can be prepared on your own also. The summons package will have a document entitled as "Complaint" wherein you will find the list of allegations against you being made by the plaintiff or creditor. You must answer each individual accusation with "agree" "disagree" or "partially agree" or similar words such as "affirm" "deny" or "lack of knowledge to fully answer." If you are denying or disagreeing with an allegation, write a brief explanation to the reason.
Follow the same format as the complaint. It should include the caption at the top bearing your name, address and telephone number, the title of the case and docket number and your signature at the end. So you can file your answer by sending a copy to the court and to the collection agency and do save a copy for yourself.
Object to the affidavit as hearsay. Also you don't send a valid
Object to the affidavit as hearsay. Also you don't send a validation letter, it is to late for that. You need to motion for discovery and ask for all that documentation. Object to the statement as it is not from the original creditor.
goldenbast, How does one object to an affidavit? Is that sent to
goldenbast,
How does one object to an affidavit? Is that sent to the court, the law firm or both? And the same goes for the motion of discovery. Is it a form from the court or just something generated by the defendant? I'm in the same boat and about to preesent an answer to a summons.
Quote:Originally Posted by bluesax99goldenbast, How does one obj
Quote:
Originally Posted by bluesax99 goldenbast, How does one object to an affidavit? Is that sent to the court, the law firm or both? And the same goes for the motion of discovery. Is it a form from the court or just something generated by the defendant? I'm in the same boat and about to preesent an answer to a summons. |
when you file your answer with the court clerk is when you file those motions.the clerk should be able to assist in that respect in regards to forms or protocol in filing the motions.
