Got a summons in the mail today
Date: Fri, 12/14/2007 - 09:59
Post office (not sheriff) delievered the summons to me CMRRR. The plaintiff is Levy & Associates for my old Juniper Bank account that was charged off in February of this year (so i know SOL is not an issue here)
But the main issue is that I had no idea that this collection agency had this account, I never received a letter and they never called me and now all of a sudden I'm receiving a summons!
I live in Lima, Ohio and here's what the letter says about replying
You are hereby summoned and required to serve upon the plaintiff's attorney, or upon the plaintiff if he has no attorney of record, a copy of an answer to the complaint within 28 days after service of this summons on you, exclusive of the day of service. Your answer must be filed with the court within three days after the service of a copy of the answer on the plaintiff's attorney.
I guess I'm confused as how to proceed. I know I have to answer the summons but can I still send Levy a DV letter?
But the main issue is that I had no idea that this collection agency had this account, I never received a letter and they never called me and now all of a sudden I'm receiving a summons!
I live in Lima, Ohio and here's what the letter says about replying
You are hereby summoned and required to serve upon the plaintiff's attorney, or upon the plaintiff if he has no attorney of record, a copy of an answer to the complaint within 28 days after service of this summons on you, exclusive of the day of service. Your answer must be filed with the court within three days after the service of a copy of the answer on the plaintiff's attorney.
I guess I'm confused as how to proceed. I know I have to answer the summons but can I still send Levy a DV letter?
I would suggest requesting validation during the discovery proce
I would suggest requesting validation during the discovery process. I would also recommend retaining an attorney. www.naca.net is a good place to start.