Hi Everyone,

Today I received a summons from a collection company. I am being sued for money owed on a $1800.00 cell phone bill from November 2003. I reside in the state of California and am not sure what my rights are.

My first question is do I need to hire an attorney?

If not, what form do I use to respond to the summons?

Secondly, I understand that the burden of proof lies on the collection company. But what should I ask them to provide to me that proves the debt belongs to me?

And lastly, at what point do I start to contact this collection company if at all?

Any help you all can give me would be much appreciated.

Read the summons, it tells you what you need to do. Generally you now need to file a Notice to Defend. In that notice you request copies of the original contract and proof the collection company has the right to collect on it.

There are many threads in her and the Bankruptcy and Debt forums that discuss in more detail what to do in such an instance.

My first thought was are you the correct debtor and do you owe the $1800? The CA statute of limitations on an open account is 2-4 years so you may see some light at the end of the tunnel. How long ago did you last make a payment on this account, 11-03?