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Is this legal

Asked May 5, 2009, 04:47 PM — 42 Answers
On friday my son found a summons for court to my husband from a collections lawyer in are mailbox no envelope ! Is this legal? I thought you had to be surved in person or reg mail! Dose anyone No ! I live in NY .

I found a summons in my mail box in May, This was from a lawyer who was now representing a collections company that had bought my account from 2003.
(I thought this was paid when I filled out the Insurance forms that where provided by the credit card company when I was sick). I filled out an answer form with my side of story and filed it with the court .Sent a certified copies to the lawyer of the answer form as well as a validation of debt letter. I received my court date in the mail on the first of June , (Court date set for August ) Thought well I will get my day in Court! Well Friday I receive a letter from the Lawyers office with 3 copies of stipulation discontinuing action form . Anyone Familiar with This ? I would like more information on stipulation discontinuing action .

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42 Answers
Motherofmany's Avatar
Motherofmany Posts: 34, Reputation: 5
Junior Member
  
#21

Aug 14, 2009, 08:49 AM
Kay
as always your input is appreciated. Thank you!
This site is a keeper in my favorites ,Thank you to all that give input
I away think you are never to old to learn & try in brace it.
Wish me luck I'm off to the court house!
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Motherofmany's Avatar
Motherofmany Posts: 34, Reputation: 5
Junior Member
  
#22

Aug 16, 2009, 09:17 AM
Questions”

Lets say the judge issue an order to vacate the judgment!
I Get my copy from court house, Blank Affidavit of service paper.
Arrange to have them served. How much dose that run about?

Do I then serve my Answer to the courts & attorney ?

Can I request in my answer to the court & attorney that the plaintiff validate
The debt they claim I owe.

When Can I send out validation request?

How dose the order of things work?
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Motherofmany's Avatar
Motherofmany Posts: 34, Reputation: 5
Junior Member
  
#23

Aug 17, 2009, 09:41 AM
Well Judge signed Paperwork
Judge marks off " Affidavit of service by mail " that works for me!
So I will have the husband send it out & fill affidavit have it notarized & wait for return receipt ,Attach to Affidavit send back to court! Then wait for court date!
So while I wait I need to send out answer to summons (court, Lawyer ) & Validation of debt .
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JudyKayTee's Avatar
JudyKayTee Posts: 45,437, Reputation: 23563
Uber Member
  
#24

Aug 17, 2009, 10:55 AM
Quote:
Originally Posted by Motherofmany View Post
Well Judge signed Paperwork
Judge marks off " Affidavit of service by mail " that works for me!
So I will have the husband send it out & fill affidavit have it notarized & wait for return receipt ,Attach to Affidavit send back to court! Then wait for court date!
So while I wait I need to send out answer to summons (court, Lawyer ) & Validation of debt .


When this is done you'll be a qualified expert on this board - congratulations!
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Motherofmany's Avatar
Motherofmany Posts: 34, Reputation: 5
Junior Member
  
#25

Aug 17, 2009, 05:54 PM
Quote:
Originally Posted by JudyKayTee View Post
When this is done you'll be a qualified expert on this board - congratulations!
I don't know if I would qualified as an expert ! But will try to continue to pass on the knowledge & support like I have seen here.
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Motherofmany's Avatar
Motherofmany Posts: 34, Reputation: 5
Junior Member
  
#26

Aug 21, 2009, 07:51 PM
The quite before the storm! I don't quit, no what to make of it!
I signed up FICO to keep an eye on my credit!
Today I get an alert LVNV Funding ,LLC (The company sueing me )removed everything from my credit report!
That is odd because I just sent out my Validation of debt letter! No green card yet! We will just have to wait & see!
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Motherofmany's Avatar
Motherofmany Posts: 34, Reputation: 5
Junior Member
  
#27

Aug 25, 2009, 06:49 PM
Well today I received my Green Card sent it all into court!( made copies First) . Put in for my day off from work ,sent out all letters , now all I can do is wait!
! wish me luck!
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Motherofmany's Avatar
Motherofmany Posts: 34, Reputation: 5
Junior Member
  
#28

Sep 14, 2009, 04:42 PM
Today in the mail I received
"Affirmation in opposition to order to show cause"
I am thinking that this is the plaintiff attorney sending
Me notice that he opposes
The motion to vacate judgment.
Can anyone give me more info on his !
Maybe a small crash course
I am going to court on Thursday (9/17/09)
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Motherofmany's Avatar
Motherofmany Posts: 34, Reputation: 5
Junior Member
  
#29

Sep 15, 2009, 04:47 PM
"Affirmation in opposition to order to show cause"

Judy , Mr. Yet !
Would you happen to know if I have to reply to this in writing?
Or is this just formalities in letting me know that they oppose!
I have court on 9/17 and I received this just yesterday.
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Motherofmany's Avatar
Motherofmany Posts: 34, Reputation: 5
Junior Member
  
#30

Sep 17, 2009, 06:12 PM
Went to court today ! No show for lawyer.
Judge noticed that lawyer sent a Affirmation in opposition to order to show cause"
He ask if I had received a copy. I told him that I just received it! He ask if I had a reply, I told him I wasn't able to look it over .He said because I just received it to look it over & if I have a answer That I should have it into the court by next Thursday!I will answer ! Send into court,send a copy to lawyer!
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