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-   -   Ut oh I may be in trouble! DESPERATE! (https://www.askmehelpdesk.com/showthread.php?t=185843)

  • Feb 19, 2008, 12:05 PM
    Brenok
    Ut oh I may be in trouble! DESPERATE!
    I received a summons on January 25th from a debt collector's attorney allowing me 35 days to respond and to request a debt validation. I sent the validation request immediately and have not heard from them. I have been working on the answer and defenses. Now I just found out that in the state of Oklahoma that there is a 20 day answer period and that has passed by!

    I found an OK appeals case where the same thing happened to a debtor and the court ruled there was a conflict between what the attorney provided and what the law is and it was ruled that the debtor was confused and the opinion was reversed and remanded.

    WHAT DO I DO NOW - DO I SUBMIT MY ANSWER? I AM SO UPSET, I should have looked at the Oklahoma statutes I know, so don't gripe at me, but it never dawned on me that the amount of time on the summons might be in error. Can I request an extension?

    Bren
  • Feb 19, 2008, 03:13 PM
    Fr_Chuck
    If you have a letter from their attorney saying 35, days, your defense would be you were in agreement with their attorneys request.

    If you don't file a response then you have no defense or argument what so ever.
  • Feb 19, 2008, 04:04 PM
    Brenok
    Should I write a note to the court stating that I relied on the plaintiff's attorney and that they misinformed me in conflict with the state statute and ask for a continuance if I have to?

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