Received Summons, How to Proceed
Date: Sun, 06/19/2011 - 03:57
I received a summons on June 16, 2011, from my local court (Ohio) that a collection agency is suing me for a credit card debt they 'apparently' purchased in 2007.
In 2007, I sent this agency a request for debt validation through certified mail. I received no response.
I then sent them a second letter of noncompliance, 30 days later in 2007, requesting they cease and desist based on their failure to verify the debt. This was also sent certified mail. They failed to respond again.
With the summons I received this week, a copy of a credit card statement from 2006 was attached, and nothing more.
Should I file a motion to dismiss with prejudice?
Should I get a lawyer?
Any advice would be appreciated.
Thank you.
For starters, a collection agency cannot sue you. A law firm, a
For starters, a collection agency cannot sue you. A law firm, acting as a collector is suing you.
Who is creditor (credit card card company)? Who owns the account now? Who is collecting on it? Was the same law firm who is suing you the same party as in 2007?
For starters, a collection agency cannot sue you. A law firm, ac
For starters, a collection agency cannot sue you. A law firm, acting as a collector is suing you.
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Who is creditor (credit card card company)? The original credit card was through Providian/Washington Mutual bank.
Who owns the account now? Atlantic Credit and Finance claim they own the account, though, as I stated, they have failed to verify this.
Who is collecting on it? Atlantic Credit and Finance
[COLOR=blue] Was the same law firm who is suing you the same party as in 2007? The certified letters were sent to AC&F. They are listed as the plaintiff on the summons. There is an attorney listed as acting on their behalf.
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Atlantic Credit and Finance probably does own the account...prov
Atlantic Credit and Finance probably does own the account...providian/WAMU accounts were sold off to chase and other lenders. If they are a finance company, sending them a DV letter is useless...DV's only apply to collection agencies, not the creditor.
You will have to answer the summons per civil procedure for your state which probably includes an answer to the court. DV'ing the attorney will not stop the lawsuit from going forward. You can ask for proof during discovery.