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    dude_313's Avatar
    dude_313 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jul 21, 2010, 06:21 PM
    Can a debt collector sue me?
    I have debt.
    I do not deny this debt. Although officially I have not made contact with the third party debt attorney who is trying to collect this due debt.
    I received a letter that states and looks like it is a summons from the district court in Detroit, Michigan.
    This summons has no date which to appear or time or room number.
    It also makes note that the debt attorney has been unsuccessful in his attempt to contact me.
    There is also a cover letter that states that the attorney is a debt collector and that if I do not want matter to go to court, that I need to contact the attorney.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Jul 22, 2010, 04:36 AM

    Debt collectors/attorneys sometimes stretch the truth a bit and send out a letter and attachment that actually looks like a summons and actually it is not. As you can tell, there is no courtroom or document number noted on the official looking piece of paper. This is a scare tactic and sometimes it works for people gullible enough to fall for it. At times, debt collectors are not attorneys per se, but work out of an office where there is one.

    Trust me I know. They want you to call so they can start harassing you, asking for money, either entire amount plus interest up front or installments. Usually the installments aren't ever enough. If this one doesn't receive satisfaction, or decides you aren't going to be that easy, they will sell this bad debt for so much on the dollar to another debt collector and the whole process will start over again.
    They must get it paid before the statute of limitations runs out on your old debt. So think back to see when this debt started to be deliniquent. If it is in the six or seven year mark, then the statutes have run out and you won't have to worry about debt collectors any longer.

    In order to collect their money, they must get a judgment against you in court. In order to do that they must have proof that the debt is actually yours such as original paperwork where the actual loan is disclosed. Sometimes they can't produce this because the debt has been bought and sold so many times.

    Ms tickle
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Jul 22, 2010, 05:50 AM

    An initial summons will generally NOT indicate the time or room number. Such a summons is a notice that a suit was filed and that you need to respond to it. The summons should have a case or docket number. If it does, you can call the court listed and check to see if the suit was filed.

    But its true, that debt collectors will use notices designed to look like summonses to get you to contact them. So you need to verify what you have. If you do not respond on time, then the plaintiff will be awarded a default judgment.

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