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-   -   I was served today for old CC debt (https://www.askmehelpdesk.com/showthread.php?t=128455)

  • Sep 11, 2007, 02:17 PM
    staceyd33
    I was served today for old CC debt
    No dates, just you have been sued. It's a collection agency. I live in IN This debt is mine but when I had some late fees and overlimit fees, I got to where I couldn't make the payments and they wouldn't work with me. I am not sure how old I just know a couple years.
    What do I do? Do I call and work something out with the creditors, or what?
  • Sep 11, 2007, 02:22 PM
    tickle
    Unless they have a judgment against you ignore it. You would absolutely KNOW a legal court document inviting you to small claims court. What they sent you is not that kind of paperwork. I was served like that a few months ago. I recognized it as not being official and ignored it. I passed it off to my lawyer and he took care of them. I wasn't skipping out on debt because I had already done debt consolidation and I KNOW FOR SURE and my lawyer too, that everything had been taken care of.

    No judgment, no ticky is all you have to think about. I hate collection agencies with all my heart, I hate how they get people worked up and unsure of themselves and then come in for the kill.
  • Sep 11, 2007, 04:27 PM
    staceyd33
    It didn't give a date. And the "agency" is a lawyer firm. It was filed in the courts, cause it's stamped with a date. Still ignore it?
  • Sep 11, 2007, 05:36 PM
    ScottGem
    You mean there is no date info about the debt, but there is a date that the suit was filed and info about when you have to respond? Yes you need to respond with your Intent to Defend, then demand that the creditor provide you with verification.
  • Sep 18, 2007, 03:49 PM
    staceyd33
    And what if they can produce everything? The account was closed in NOV 2004
  • Sep 18, 2007, 04:03 PM
    tickle
    I was served 'papers' in the mail just like that, it said I was to appear in small claims court but not the specific court and it didn't say who was presiding. I have worked in our Ontario Court system. It looked official, I doubted it and I was right. I sent it to my lawyer and he dealt with it. I never heard from the 'lawyers' again, nor the collection agency. The debt wasn't mine specifically but part of my husbands bankruptcy. I had called their bluff and they had sold many times. I will never, ever give up saying how they are the scum of the earth.
  • Sep 18, 2007, 04:05 PM
    ScottGem
    Then it may not have passed the Statue of Limitations.

    After you file the Intent to Defend you send a copy to the creditor demanding verification. You can suggest that if they verify the debt, you might be able to negotiate a settlement so try to offer around 50%.
  • Sep 19, 2007, 09:50 AM
    staceyd33
    Where do I file this intent? Does it cost? It was served by the uniformed guy that does these things, not just in the mail.
  • Sep 19, 2007, 10:13 AM
    ScottGem
    You file with the court. The summons should include instrtuctions. If not, contact the court clerk.

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