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Custom22 · Jul 23, 2007, 01:40 PM

Hi,

I am being sued for $18,000 of credit card debt from a collection agency who seems to bought of the debt from a credit card company. They provided me the summons by person.

I have been searching for ways to fight it. I have read that you first response to the summons within the 30 day period stating that you are "intend to defend" and assign a court hearing.

After that, I read you can have the collection agency to validicate the debt. My question is

Do I send the debt validication letter via certified mail to the attorney for the plaintiff?

OR

Do I file for Discovery from the clerk?

It just seems both are the same, but the debt validication letter seems to be BEFORE being sued and Discover seems to be AFTER being sued. Please advise if I got this right.

Thank you.

RichardBondMan · Jul 23, 2007, 06:14 PM

I wish I could give you some advice but I am not an attorney but please let me make a comment. First, $18,000.00 is a substantial amount of money and since so much money is at stake, why not obtain the services of an attorney? I am one to believe that if you created the debt, then one has the moral if not legal obligation to repay the debt but there is nothing immoral or unethical about having an attorney protect your interest. Keep in mind the collection agency has respresentation, why not you?

ScottGem · Jul 23, 2007, 06:45 PM

I would send the letter to the creditor with a copy to the court.

Custom22 · Jul 23, 2007, 07:38 PM

So send it directly to the Collection agency instead of sending it to the attorny of the collection agency??

Thanks in advance!

ScottGem · Jul 23, 2007, 07:42 PM

Send to both

Custom22 · Jul 23, 2007, 07:45 PM

Thank you. I will do that.

Custom22 · Jul 23, 2007, 07:53 PM

Oh wait. This is a civil case instead of small claims. Does that matter or does everything change?

mr.yet · Jul 24, 2007, 04:34 AM

Discovery goes to the plaintiff or attorney for the plaintiff, request certified copy of the original contract you signed, no contract, no claim.

Do file the Notice to Defend now, this will set the date for hearing.

Now, at the hearing the plainitff must to present in the court, no plaintiff, no case. ATtorney cannot testifiy for their client, not orally or in brief, hearsay.

ScottGem · Jul 24, 2007, 06:11 AM

No it doesn't matter that its civil not small claims. But that does matter in getting an attorney to advise you. In small claims court, the rules are relaxed a bit and consideration is given to the defedant acting as their own counsul. But in civil court the rules willb e observed more stringently.