received a summons from a third party debt collector

Date: Mon, 05/02/2011 - 09:42

Submitted by anonymous
on Mon, 05/02/2011 - 09:42

Posts: 202330 Credits: [Donate]

Total Replies: 2

I just received a summons on a debt from a thrid party claiming they have been assigned by the CC company. The debt on my credit report shows it was filed on 6/2006. I know the SOL for NJ is 6 years - can I still file that the SOL is up since it is only one month away? Also, if the only proof they have is a judgment they filed with a NY court (I was living in NY at the time) they got the judgment against me because I never received the court order at the address they sent it to (claimed to) and therefore could not dispute it. They sent a letter to my new address a while ago and I sent them a form 8 verification request to show proof of this debt and the sent me this proof by providing a copy of this judgement from NY. They never sent me proof that this debt has been assigned to them or anything showing the original debt with the original CC company. Can I fight it and claim this is not my debt as I have no contract with the company suing me? Can I fight it and tell them I never had this debt in the first place? How can I fight this and win if I go to court? Thank you for taking the time to answer my questions.

I made a mistake on the SOL in NJ - yes it is 6 years but that w

I made a mistake on the SOL in NJ - yes it is 6 years but that would mean it would be up a year from now -not a month. What would have happened if I did not sign the return receipt for the summons - I am thinking I should have done that - I almost knew what it was but signed for it anyway - did that hurt me or do I still have a chance to fight this?

lrhall41

Submitted by anonymous on Mon, 05/02/2011 - 10:02

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There is nothing in the law that requires they send you any proo

There is nothing in the law that requires they send you any proof that they have been assigned the debt.

They already have a judgement? Were you served a summons? Did you respond? Go to court? Since this is a judgment account, the time is passed to DV it. Have you checked the court dockets? Did they say that they served you at your address? By mail? you need to look up the court records on the website of the county court.

lrhall41

Submitted by SOAPLADY on Mon, 05/02/2011 - 15:23

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