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    goussy's Avatar
    goussy Posts: 2, Reputation: 1
    New Member
     
    #1

    Dec 23, 2006, 02:08 PM
    Court Summons for debt collection
    Hello,

    Today, I have been served by a court clerk who came to my home and gave me a letter stating that I have 20 days to file a response in court in regards to a credit card debt collection. I really don't know the agency but I am suspecting that one of the credit cards I have must sold the debt to a collection agency.

    I really don't know what to do at this moment. Should I go to the court in the coming days right away, or should I send a letter to the court and the attorney office who filed this claim and ask him for a debt validation. When they actually filed this claim against me did they have a proof I owe this debt, or how it works really?

    Could someone advice me on how this is done or what should I do? I have never been in this situation before.

    Thank you all.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
     
    #2

    Dec 23, 2006, 04:19 PM
    File your notice to Defend with the court, File MOtion to Dismiss, lack of subject matter jurisdiction, Lack of personal Jurisdiction, And Failure to state claim upon which relief may be granted.

    THis will give you some time for you to File discovery against the plaintiff to provide you with documentation verifying the validity of the alleged debt.

    In your discovery request, demand to original contract that you sign. This is important, they must have it.

    Just a few thing you can do. Remember you have the right to due process all the way.

    You can Google search the court rules in your state. Just use key words.
    goussy's Avatar
    goussy Posts: 2, Reputation: 1
    New Member
     
    #3

    Dec 23, 2006, 08:44 PM
    Thank you Mr. Yet for the responsive reply. Do you have any format for the actions you stated above(e.g. a written format that I can use when I go to the court and file motion to dismiss) or could you please refer me to a website where I can find such information.

    Happy Holidays...

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