Summons

Sounds like the debt was validated. Don't panic..Your best course of action at this point is to contact them and attempt to make some out of court arrangements. This usually works, and it will most likely take quite a bit off of the total cost. If they are unable or unwilling to make arrangements, make sure you go to court! You still have a chance to make reasonable arrangements there, and if you don't go, you will more than likely be garnished, which would end up being more of a monthly payment than you would work out on your own.

I don't understand how this is a valid debt validation. They didn't provide how they get frrom $3700 to $8000. Don't they have to provide the compounding method and provide the cardholders agreement?

I would think that they would explain how the cost jumped so high..I believe, though, that they only HAVE to break it down if asked in writing, so I suppose you are correct, it really isn't a validation. I would assume that the extra fees are interest/slash court costs. Seriously, call them asap, I'm sure that at least some of that excess can be done away with

actually,UNIFUND is a bottomfeeder.check with your court clerk to see if the summons is legit.if so answer it.they won't provide proof now,and you will be paying what they say not what you legitimately owe.in discovery you can ask for validation.check the search bar.this is an unethical,and unsavory collector.our very own shazzers had a judgement vacated,and dismissed with prejudice.i wouldn't negotiate if the summons is valid.answer it,and make them prove in discovery how they came up the figure they did.which is more than twice what the debt shows.

I am looking at the summons and there is a stamp that says "original papers received and filed on sep 16, 2009" The summons was taped to my door. My question is:

1. Is this proper service? And do I have 30 days from the filing date or the date that the summons was stamped to my door?

BTW Finsfan13. Nice win on monday night

what state are you in again?also check with your court clerk to see if there is anything with that docket number.

[URL="http://www.debtconsolidationcare.com/collection-agencies/index.html"]I[/URL] live in NY

i would still check with your court clerk.see if the docket# is valid.you have to answer with them anyway.i wouldn't trust UNIFUND as far as i can throw them.

Not only check with your court clerk...check 'em out on BBB.

I've dealt with UNIFUND, thru my attorney. They are NASTY, nasty.

Before my attorney could motion for dismissal, UNIFUND had it dismissed...w/o prejudice, naturally. That's okay, tho. I beat 'em at their own game thru filing the Fed. charges against them for breaking the law. ;) It wound up costing them THOUSANDS of dollars. My attorney isn't cheap.

I went to the courts twice and an affadavit of service still has not been filed. I read that I can have the case dismissed but Unifund can still re-open the case. Is this correct? Also, does Unifund have to provide me with a copy of chain of assignment all the way back to the original creditor and if they don't, will the judge dismiss the case?

depends on state laws but usually in most states the dismissal is without prejudice and the second time is with prejudice. If you can find for good reason to convince a judge, he may do it with prejudice first shot.

As far as what needs to be provided, short answer is no but that does not mean they will still win. When things go to court, it is much different. A plaintiff makes a claim and needs to prove that claim. If a defendant is smart enough or has an attorney they can test the plaintiff. Asking them to produce documents in court, interrogatories and request for admissions are the tools.

You can ask a plaintiff to produce documents to support their claim, if they fail to produce, you file a motion to compel. Then the court orders them to produce. If they fail again then you file for dismissals which you most likely will get. Court is a whole different ball game and if the rules are not followed you lose.