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Yowzer · May 1, 2010, 09:56 PM

Received a call from a law firm last week about a debt I have with Cap One. The guy asked me what we can do about the debt. I told him that I was in the process of taking care of ALL my debts but that the money only went so far each month. I told him that I was on a disability pension and SSDI. At this point he told me that there was a summons already issued to me for the account. When I heard that I told him that when I receive the summons that I am done talking. He told me that the summons wasn't actually issued but the law firm had "bought" an index number at the court. I told him that I was more than willing to work with them and that I could start making payments to them in June/July. He said that he would talk to a lawyer because he is not a lawyer and he would get back to me. Three days later I get my summons. I have 10 days from today to answer the summons and of course my county does not put forms up to use to answer a summons. Where do I go to find out how to answer this summons? By the way I don't dispute that I owe money--just not the amount that they are asking for (even with fees and interest). I live in upstate NY. And for anyone living in NY with debt collector problems I would strongly advise you to buy a recorder and record ALL your conversations with the collectors and lawyers. I record every one of them. I have caught several of these "people" breaking the rules

Fr_Chuck · May 1, 2010, 10:00 PM

Yes you do dispute the death, require them to provide proof of the debt ( you may be surpirised at how may can't) and it is the start of a good defense.

Next show up at the court hearing, most people lose because they just don't show up, the other side shows up, with no evidence and could not win often if you did show up.

Next wost thing that could happen is you lose, and they get a judement.

Next never ever talk to them on the phone, if it is not in writing, it never happened.

ScottGem · May 2, 2010, 04:57 AM

All you need to do is respond to the summons with a letter stating your Intent to Defend and requesting a hearing.

You then send a copy of that letter to the plaintiff with a request for verification of the debt.

There are hundreds of threads from people in your situation in this forum as well as the Credit and law forums. I suggest spending some time reviewing them.