Yesterday, I received a summons and complaint from the Sheriff that was served by a local law firm on behalf of a collection agency. Here’s the thing, this summons was never actually filed with the court, and I’ve verified this with the court clerk. I need advice how to handle this situation.

This account is out of the SOL (6 years in my state), as they’ve only furnished me with a statement from 2003 - and the Date of Last Activity (DOAL) on my credit report lists 2002, but I want to get them off my back, and need to build a strong case if they do, for whatever reason, file an actual suit.

I’m not going to bore you with all the fine details, but sufficed to say, in 2002, I lost my job of 15+ years and fell behind on bills. Most creditors were willing to work with me, but not this account (for a credit card). It’s gone through four different collection agencies since, and after requesting validation of debt owed from each one - I would never hear from them again.

This specific collection agency “reportedly” bought the debt in 2008, and I first received communication from them through this same law firm in February 2009; a letter that simply stated that they had bought the account. I again sent a certified letter (within 30 days), to both the CA and law firm requesting verification of debt owed.

I heard nothing back until this week, when I suddenly received a statement from the law firm, dated 12/03. Yesterday, I was served the summons. Everything about the summons seemed odd - especially since the Sheriff told me that I didn’t have to file a response with the court, only to the law firm, and that the summons had no court date or case number on it. I called the court clerk today, and she told me that there is no record of a summons filed for me.

If you can help with any (or all), my questions are:

1. Is it illegal to send a summons, without filing it through the court?

2. Can a credit statement alone, with no actual proof that they even own the account, legally satisfy my validation request? If not, are they violating the Fair Debt Collection Act by continuing to collect and report after I sent a request for validation?

3. They stopped reporting on my credit report in September - the last month before 7 years passed - but when they were still reporting, they changed my “first” date of delinquency to 2008, despite that the DOAL still lists 2002 on my CR. Is this also against the law, since I haven’t made any payments since the DOAL, nor had any communication other than requesting validation.

4. Any other advice relevant to this situation.

What State?

I live in North Dakota.

You asked the Clerk about a Summons. Has a for real lawsuit been filed against you in the Court? Have you called the Sheriff's Office and asked them if they indeed sent a Deputy to serve any papers on you? Something sounds very wrong with this scenerio.

Also, if this debt is out of SOL, then they cannot file a legitimate lawsuit for this debt. It just may be another collection agency getting extremely "creative" in trying to collect this debt.

Of course many collectoin firms file when things are out of SOL hoping you will not show up in court and they will will by default.

You say it was served by a "law firm" or was it served by a officer of the court

File NOtice of Intent to Defend,and a Motion to Dismiss based on the SOL in your state. Also request judgment against the plaintiff for lost wages and expenses incurred.

1. Depends on the wording of the summons, but its unlikely to be illegal. Not having a date is common, not having a docket number isn't. Also response would be filed with the court. You will need to check all courts to find out if a case, (not just a summons) has been filed against you unless a court is listed on the summons. Make sure you check whether a case has been file, not just a summons.

2. No

3. Probably not illegal but unethical. Contact the credit bureau and request a correction.

4. Remember debts never expire. SOL laws only deal with the time frame that legal action can be taken. So they can continue to dun you. Offer a settlement for 25% IF that can provide verification of the debt.

I agree you need to check small calims, county, and district court to find out if this was indeed a true summons issued by a court. If it was a real sheriff deputy he would have to file a report with the clerk of the issuing court his disposition of the "summons". Some states allow summons to be mailed, served by third party or printed in newspaper. Check everywhere. But not having a Docket # is a RED FLAG that it is not genuine. If found to be false summons: file a complaint, with a copy of the false summons, and what investigating to did to assertain its validiy to: your county attorney, state Consumer Protection Agency, State Attorney General, and State Bar Association. Then if you want you could file suit vs. the law firm under FDCPA 11USC 1692-1695 and file a report with the FTC. Just put the cited Federal law into your search engine and read the law to find if they violated the law. Do not let the "law firm" know you have done this as if they broke the law you will be giving them a chance to cover their rear ends. Good Luck!

She's already been served. She knows the Court in which she's purportedly been sued. No need to check every other Court.

The Court doesn't issue the Summons. The law firm does.

I said to check each court. Court clerks issue summons. She can check with clerks to see if summons issued or if complaint filed.

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Originally Posted by diammary

I said to check each court. Court clerks issue summons. She can check with clerks to see if summons issued or if complaint filed.

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Not in every State. OP knows where she is (or isn't) being sued. Why call other Clerks in other Courts? The Summons is issued for ONE Court.

Quote:

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Originally Posted by diammary

If found to be false summons: file a complaint, with a copy of the false summons, and what investigating to did to assertain its validiy to: your county attorney, state Consumer Protection Agency, State Attorney General, and State Bar Association. Then if you want you could file suit vs. the law firm under FDCPA 11USC 1692-1695 and file a report with the FTC.

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Assuming an awful lot here. How many people have actuall ever received a court summons that they would recognize a real summons vs a letter that may give the impression falsely but not illegally that it is a summons.

The same thing happened to me this last Sunday, I have severe PTSd which is why I can't work, due to my sons death and many other trauma, it sent me into a pretty bad place, both mentally and emotionally, I called court there was and is no case number and the summons was not filed with the court or signed by the clerk, I am going to call again today, so hard, when you can't even afford an attorney to file bankruptcy. It is my debt, and I am not sure what to tell the court f I file an answer,, because the TRUTH would be I have no money.