Being Sued

You'll need to check with your local court system and inquire as to whether or not there is a case. If so, you might try legal aid or even a paralegal (can't help you in court, but can help you with research, forms, etc...).

If not, I'd look for an attorney, try naca.net.

Usually you are given a time period to file your answer. You usually have 3 choices: Pay up in full, request a hearing, or request a jury trial. The last two usually require a fee, but you can file your answer and pay the fee later in most places.

You have to get your answer to the court house within the time period, or else a default judgement will be entered against you.

Yes, the summons says I have 20 days to serve the law firm with an answer. The lawsuit has not been filed with the court (I checked), so I am confused about how to direct my answer in the proper way to the plaintiff and court.

How can you have a summons if the lawsuit hasn't been filed?

That's why I'm questioning whether it is a real summons. It says summons, and it has been prepared by the debt collection law firm. The summons part says I have 20 days to serve the law firm with my answer, and a copy of the complaint is attached. Since I was not properly served (it was left on my porch in an apartment building), and there was no court date mentioned, I called the court and found that the lawsuit had not been filed. I am not sure how to provide my answer to the firm

ok its just another scare tactic. You need to get debt validation. do a search on this site for a form letter of debt validation. I mean, you want to know that you actually owe the debt, before you pay it, or respond to this "summons"

somehow, i think this summons shit is garbage too... thats impersonation of a court official..

I can't believe that a summons was left on a doorstep! I thought those are usually hand delivered or Via USPS registered.

Legally they are supposed to be hand delivered, or some other way that can be proved you recieved it.

If it's been prepared by the collection firm, then it's not a real summons. If a suit had been filed you would recieve a summons from the court, with the court's name and address and insturctions on how to proceed.

You are still in the position to work out payment arrangements with the collection agency. Get the debt validated from them to make sure that they are authorized for collecting your debt. You will also make sure that they can get a legal case against you on not receiving the money. At this point, it might be a fake attempt and you need to confirm about their collection practice.

Thanks, everyone. I was able to get some good information pertinent to my state. Even though I was not properly served, the debt collection law firm has the right to serve me with a "summons" and complaint before filing the lawsuit with the court. I am still required to serve my "answer" and notice of appearance to the law firm, although I cannot yet file with the court. Once this is done, I will receive a notice of court hearing if and when it is filed. If I do not respond, they can get a default judgement against me without ever notifying me of a court date. I was able to get the pertinent forms and will be sending my response quickly. Since I can't make a large sum payment, I would rather negotiate a payment plan in court than to try to deal with the debt collection law firm myself (a shady outfit, in my opinion)and try to convince them not to file.

What state are you from? I got sued in December from a collection agency. still going back and forth with them on what debt validation really is. It is really getting old at this point.

I would demand debt validation before I would make any plans on paying them.

Make sure you answer in the 20 days, so that they don't win by default.

I'm in Washington State. I will be disputing the amount of the debt among other issues in my answer, and I guess I will have my day in court if they decide to file.

I think that the debt collection law firm, by leaving the "summons" on the porch, was hoping that I wouldn't notice and that they would be able to file and win a default judgement against me. I do owe the debt to the original creditor, and I don't mind making payments (this is what I tried to do previously, but they ignored my written requests), but I do not owe as much as they say I do.

Contact your country clerk, ask whether a claim has been filed. If the summons is fake, you can sue them, as well as turn them in to the FTC and state AG.

I have heard of strange process serving. Sometime being used in court in defense as well. You are right to dispute the amount. These amounts are always terribly inflated.

That is what I did, only the clerk assured me that it was real. I then filed an answer with in the 20 day period.

A summons can also be sent certified RR. That's why you should be careful what you sign for.

Mine was served by the sheriffs department, I guess they do alot of that these days.

Fedupinpa,
what do you mean when you say going back and forth with CA about what debt validation is? What was their first response when you asked for debt validation?

first response was a copy of the bill and a letter stating they owned it.

second response was a copy of the bill and a notarized affidavit that they owned the bill.

I have requested proper debt validation for the third time, I want a copy of the contract between the ca and the original creditor showing they legally own the bill they are trying to collect.

why do you ask?

So I sent my answer and notice of appearance to the law firm and have heard nothing back from them. The case against me was not and has not been filed. Last week, I started getting calls from a new CA about this same debt. I'm having trouble understanding why a law firm would prepare a lawsuit and then instead of filing, transfer the debt to another agency.

O.K., this is crazy. After being brought to the brink of a lawsuit by a debt collection law firm over said debt, a new collection agency has started back at square one. 1 week of phone calls, and today a bill for the amount in full in the mail. The new collector is NCO Financial Services. I owe the debt, no doubt, but don't have the money to pay in full or make a substantial payment. What would be the best recourse for me at this juncture?

NCO Financial is among the sleazier agencies in the business. (Not the worst I've ever heard of -- that would probably have to be allied interstate -- but definitely toward the bottom.) I recommend that you send NCO a cease-comm and wash your hands of them.

Sounds like you need to do letters and keep them on your desk top and just keep changing the ca address and contact information. LOL. That is great that they are not taking you to court. I still haven't heard anything on my third request for debt validation. I have been busy with other things. It has been 5 months, I really need to look into filing a motion to vacate this motion. I am going to call the courthouse this week sometime to find out how long it has to linger before I can do this. Hate having this over my head.