[housewife919]

We dedaulted on a loan with MBNA. They received an Arbitration judgement, despite our many letters (2002). At that time we lived in S. Carolina. We didn't pay. We moved to NC in 2004. We received letters from Dominion Law Associates in 2006 giving Notice of judgement, by regular mail. However there were no dates noted for the entry of default, no clerk signatures, docket #, etc. Didn't hear anything else until a few days ago July 2007. Again it appears the docoments have no official signatures, but it is being called a summons, sent by regular mail from them(Dominion Law Associates). What should we do? I would hate not to respond to a summons, but it doesn't appear to be official. I've had court documents before. They are usually hand delivered or sent by the sheriff. What should I do? Is this something I can handle myself, or will I need a lawyer.

[mr.yet]

Do they list a court? If so Send a Notice to the Court along with copies of this alleged summon and judgment.

File a Motion to Vacate Judgment lack of proper service, no service of summons.

Alll judgments and summons must be signed. Judgemnt must be signed by a judge, summon by the clerk of the court.

[housewife919]

At the of the page, it says STATE OF NORTH CAROLINA, underneath it says Durham County, where it should be signed by the clerk of court and docket numbers and such, all are blank. The letter we received recently, appears to be for a Calendar request. There is a place for Signature of Official, but it is not signed by anyone or dated. Should we proceed as you stated in you answer. Thanks for your help

[allbut8]

A very similar situation with the same debt collector "law firm" has just happened to me; I suggest not making any phone contact with them. Call the district court on the summons and ask the clerk if your case has been filed. I was told that generally a plaintiff can send you a copy of the summons in advance before the case is filed with the court to let you know of an impending suit; that's why you don't see any information like signatures or a case number. (With debt collectors, however, there's really no telling if they intend to actually follow through with filing suit or are just sending you what looks like court documents as a scare tactic to get you to pay what they claim you owe). Send a certified letter to Dominion Law demanding validity of debt. I'm not an expert on what to do after this, so I suggest you go to Bud Hibbs Helps America Hold Debt Collectors to the Law! Web site. You will find information and links that will explain how your letter should be written and steps to take from here.