I was wondering how I answer a complaint served to me by a law office for an old credit card debt. I know I have 30 days to answer, I believe I have to answer my complaint to the clerk and the law office who had the complaint served. I am in a town just outside Atlanta GA. What exactly do I put in an answer to the complaint? Is there any form I can use for guidelines? Another thing, I had no idea this office had this old debt, they NEVER contacted me or sent any letter which in the complaint they said they did giving me 30 days to comply. Can I put in the answer that they NEVER contacted me but just had papers served?I have 1 week left to answer so please help asap if you can. I do plan on sending this Friday overnight, or no later than Monday. I am jusy confused and don't want to say the wrong thing in my answer. Thanks for your time.

You respond to the court that issued the complaint with a copy to the creditor. You simply state that you intend to defend against this suit and request that the creditor provide you with verification of the debt and their right to collect it.

In my case I had 30 working days to respond not 30 calendar days, Mine had to be filed in person and stamped by the court of clerks, with the letter that I sent to the creditor's lawyer. The letter that I mailed them I took to the post office and paid for a return receipt and took this to the clerk of courts as well. Btw the Attonery General's office of Ohio told me what to say in my letter.

OK, what exactly would you put in the letter? Do I just say that I intend to defend this suit and I request the creditor provide the verification of the debt and their right to collect. Do I put in the answer that there was no prior communication until papers were served? Do you also suggest that I try and contact the law office to see if they might offer a payment plan to pay it? I also believe this acct is 5-7 yrs old. It was a discover card but the complaint letter said the collector is Credigy Recievables?

Exactly, keep it simple. Call the clerk of the court and ask if there is any special form or wording you need to submit.

No, do not contact the law office until you have gotten verification. You also need to check your local statute of Limitations laws to ensure that the SOL hasn't expired. By offering a payment plan, you might start the SOL again.

Also does 30 working days mean business days or is it 30 days from when it was placed in my hands? How do I find out when the 30 days are up. I got it Aug 14.

What do you mean by sol?

How do I contact my local sol to find out if this too old of an acct for them to collect?

Sorry for all the questions... but the letter I send the clerk is the same one I forward to the law office?

Brendaastarr , I told you wrong I had 30 calendar days not 3o working days. Because of my presuming I thought I had 30 working days. It stated that at the bottom of my page letter that was sent by the clerk of courts. I almost missed my filing date because I misread it.

Generally it means calendar days. SOL is Statute of Limitations. You need to check your local laws for what it is. Google SOL credit cards. Yes, whatever you send to the court you copy the creditor.

P.S. you can go back and edit your posts if you remember another question rather than adding a new post.

One more question... I can not find this acct on my credit report? Should I include this in with my answer of the complaint that I send to the clerk and the law office? Thanks

No, whether its on your credit report is immaterial.

Ok thanks... so I just say on the letter that I intend to defend this acct. I also need to know verification of the acct and name of the original creditor. Does this sound correct? Like I said I have never had to answer a complaint. Thanks and have a great day. :)

You need verification of the acct and of their ownership of the debt.

Thanks for all your help, one more question, do you think I should contact the lawyers office first and see if they want to settle this ? I don't have time for court being a stay home mom. What is your opinion? Could I just ask them for verification and maybe they will drop the whole court thing? Will they bother to take this to court or just seek judgement for this amount?

Hello brenda:

Pardon me for jumping in here. ScottGem is telling you right.

Yes, they'll discuss a settlement, but you're going to have to offer some cash. IF you're going to make an offer, then you acknowledge the debt is yours. Nobody is going to make an offer on a debt they don't owe. So, verification isn't even an issue at that point, and I wouldn't bring it up at all.

No, they're not going to drop it because you're a sympathetic person. Yes, they WILL bother to sue you, because they'll add ALL their legal fees on top of what you owe. They're going to get theirs.

excon

So you are saying that if I called the law office I shouldn't ask for verification and ask who owns the acct before I even offer a payment? I am confused... Do I handle it through the law office or answer the complaint and see what happens? I just don't want this to go to court!! Does the clerk ever side with the person being sued? Do they really read the answer you send to them? Thanks everyone for all your help.

Hello again, brenda:

DO you owe the debt?? If you do, the verification is just a technicality that will only delay the inevitable. Yes, it's possible that these fly by night collection agent scumbags DON'T have the documentation they need, but I highly doubt it. So, if you owe the debt, they HAVE verification.

Therefore, if you call to negotiate a settlement, then do that. If you call to get verification, do that. They'll mail it to you or they won't. When you get to court, tell the judge. He'll either listen to you and dismiss the case, or he won't and you'll lose. IF you get to court, my bet would be on the party with a lawyer.

If you don't owe the debt, then don't offer 'em a nickel. If YOU don't owe it, they can't prove you do. It's as simple as that.

excon

Thanks... I don't know if rhe debt is valid, its not on my credit report... and I have never heard of credigy recievables. Anyway I thought of calling the law office and seeing if they can prove it is my debt and take it from there. Sorry about all these notes, I am just fed up with this whole thing. Thanks again for your opinion.

Do NOT CALL. You need to request verification in writing ONLY! If you call, these people can be slick and might get you into a situation where you acknowledge the debt. All contact with them should be in writing.

Hello again, brenda:

There is a widely known collection bottom feeder named Certegy Financial Services. I'll bet that's who you're dealing with. They're the scumbags who bought the debt from whomever you originally had it with. Whether it's on your credit report or not makes no difference. The credit bureaus don't know EVERYTHING.

My guess is, that you had a period when you didn't pay some credit cards. Otherwise, you'd KNOW if the debt was valid. Therefore, since there was this period in your life where you didn't pay your bills, and you have a collection agent SOB telling you that you have an unpaid debt from that time, I would say that this IS your debt.

So... Let's get verification off the table. Unless of course, you want to go to court. I'm not telling you not to. I just think you'll lose. And, if you lose in court, you'll lose a whole lot more than you could settle for.

So, if you're going to settle, then do that. Keep in mind that the sorry piece of crap collection agent only paid probably $.10 on the dollar. So, if you begin your negotiations with $.25 on the dollar, I'll bet you can settle it for HALF, or less.

Since it's NOT on your credit report, make sure that part of your negotiations includes the provisions that they NOT report it to the bureaus. Don't send them a nickel until you have the offer and acceptance in writing.

excon

While excon is correct that they will probably settle for a lot less than the face amount, that would have to be a lump sum payment. If you can't make a lump sum, they will want a much larger settlement.

Ok thanks for all your help. I will write the law office and find out what the original acct is, where the total amount came from and ask them maybe to prove who owns the acct? Then ask them to contact me in writing of a settlement? What do you think? Thanks for your help. I looked up credigy recievables online and every post says they are jerks trying to collect bad debts, and yes years ago we fell into some money issues and got over our heads and this could be one old card I couldn't pay. The thing I don't understand is why didn't the law office write me and try to settle this before they sent out a complaint? Thanks again for all your oppinions... this will be my last post as after I hear back from you I will place a letter to the law office. Do you know if I still have to answer the clerk? Do I answer the clerk and say I am settling with the law office outside court? Please let me know asap if you can... I need to get those j**** off a letter today!!

When you broach the issue of a settlement qualify it.

If you can prove to me that this is an account I opened and that you are entitled to collect on it, then I would consider negotiating a settlement.

You do not want to acknowledge the debt until they prove it.

OK thanks so much... Can I send the same letter to the clerk or just wait until Monday when the law office receives my letter? Should I send along with the letter a copy of the complaint which was served?

You can copy the clerk on your correspondence.

Do you mean send the clerk a copy of the letter I am sending today or just wait till I hear back? And should I send the copy of complaint with the letter? Sorry for all the questions

You send the clerk a notice of your Intent to Defend. You can copy the clerk in on any correspondence you have with the creditor requesting verification of the debt.

Thanks for all your help... both parties have received their responses. How long will it take to hear anything? A week? 2? Thanks for your time... :)

Thanks for all your help....both parties have recieved their responses. How long will it take to hear anything? A week? 2? Thanks for your time..... :)
Brendastarr, I would very much appreciate your continue postings as to how your case is going. I've been served with summons on the 13th and trying to find out what I am supposed to do with it.

Brendastarr, I would very much appreciate your continue postings as to how your case is going. I've been served with summons on the 13th and trying to find out what I am supposed to do with it.

There are a lot of threads here that tell you exactly what to do. Have you read them? Do you still have questions? If so, start a new thread so we can deal with them.

There are a lot of threads here that tell you exactly what to do. have you read them? Do you still have questions? If so, start a new thread so we can deal with them.

Yes. I have read so many of them. How ever I am submitting a new thred for some of the questions I have. Any help is greately appreciated.

I have rwquested a validation from the attorney's office, they show it was an old discover card acct and that it was sold to first select them credigy recievables, The law company wants another 4,000 added to the sum for court costs. Can I fight to just pay off just what might be owed? I hate to go to court or get an attorney. Any suggestions? Should I write or contact discover for the original amount owed since it is NOT on the credit report? Should I make them prove the amount owed? Thanks again for all your help!!

Since Discover has sold it, they won't talk to you. You need to get verification of the debt. This will include a copy of the original contract with your signature and a record of transactions to verify the amount.

If they can produce the verification, then you can offer a settlement. But they are unlikely to accept a payement plan so you would probably need to offer a lump sum payment. However, since they paid pennies on the dollar for this debt, if you can offer a lump sum they would probably accept 50-75%.

So do I write the attorney's office again to get that information? Also do I keep in touch with the clerk's office as to what is going on with getting verification? Thanks so much for your help! Brenda