[captain1]

On Friday, I received a court summons "to answer a complaint from a debt collector" within 30 days. My situation: I have a lot of past due debt, sitting in collection agencies, as a result of a expensive divorce, etc. I am self-employed, have no assets, no house, and live on cash. I don't get a 1099, but invoice the customer and receive payment. To answer this complaint, I need some help on what to do: I want to send some notice to defend with the court, at least to say, they have failed to provide me with documentation verifying the validity of the alleged debt. All they attached to the summons was an amount owed, and then the boiler plate terms and conditions from the credit card holder. They have nothing that I signed, or a copy of a credit card statement. What can I do? What are my options? Can you refer me to someone that can help me with a response to the court?

[ScottGem]

Just read the MANY threads in this forum that deal with the same issue. All the answers are already here for you to find.

[ScottGem]

Comments on this post
captain1 disagrees: he should be kicked off... he is a scammer

First, may I call your attention to the guidelines for using the comments feature found here:

https://www.askmehelpdesk.com/feedba...ure-24951.html

Excuse me? How is asking you to review previous threads scamming? The fact is that dozens of threads all ask the same or similar qiuestion. That those threads have detailed steps that should be taken in your situation. If you invest a little time reviewing those threads, you will gain a good background in dealing with your situation. If you still have specific question we will be glad to answer them, that is if you don't slap the hand that's trying to help you.

[captain1]

Scott,. and everyone..

I am sorry.. I was way out of line.. I got a few "scam" letters yesterday on this matter, and I didn't even bother to read this one, figuring the worst. Scott.. you have been very helpful, and you are right, if I read on I will find my answer.

Unlike others in this link, I have until Aug 9th to respond.. but as luck would have it, I am leaving out of the country for about 3 weeks on Friday. I need to put together a letter in response to this complaint to delay any action until I get back and get a chance to organize my defense. Would a letter to request a validation of this debt, be enough for the first response?

[ScottGem]

You need two things. You need to respond to the court with your Intent to Defend. You then send a copy of that letter to the plaintiff with a request for debt verififcation.

[captain1]

OK, thank you.

After reading all the links, this is what I am going to do:

- respond to the county with a letter stating my "Intent to Defend" (Is this all I say?)
- respond to plaintiff with:
- a copy of the "Intent to Defend" letter I sent to the court
- a request for documentation verifying the validity of the alleged debt
- request to see the original contract that I signed with the credit card company.
- Attach the "Debt Collector Disclosure Statement", which you probably know, is a list of about 45 questions that the plaintiff will have to answer and send back to me, one which, is verification of debt. (Is it proper to send this?)

Also, I have seen reference to filing a Motion to Dismiss, lack of subject matter jurisdiction, lack of personal Jurisdiction, and failure to state claim upon which relief may be granted? Would this be wise to file with the court and/or the plaintiff?

Also should I send certified mail to both?

[ScottGem]

Yes, the Intent to Defend is just simply that with a request for a hearing date. I would not bother sending the Debt Collector Disclosure. Generally the plaintiff will ignore it or refuse to answer on the grounds that its too vague and requiring info not appropriate to the case. Of courses its OK when they do it :(.

But you want to keep it simple. You just want them to know you aren't a pusshover and you want proof of the debt. And yes, send it certified.

[captain1]

Thank You So Much for your help. I will do exactly that and let you know what happens.

Gary

[farmgirlmo]

Make certain to check your statutes of limitations on this debt.

Statutes of limitation for delinquent debt (Page 2 of 2)

[captain1]

I sent out my "Intent to Defend" letter to the Court and a request for verification of debt to the lawyer/collection agency, within the 30 days requested. I received back from the "plaintiff", a very confusing set of documents:
- Plaintiff's First Request for Admission to Defendant
- Plaintiff's First Continuing Interrogatories to Defendant
- Plaintiff's First Continuing Request for Production of Documents to Defendant.

It appears that I have to answer several question in the First Continuing Interrogatories to Defendant, but not sure, by when.

Does anyone recognize any of these legal documents, and have advice on what I should do with them?

[ScottGem]

Send them back to the plaintiff with a cover letter stating that you can neither affirm nor deny anything until the debt has been verified per your previous request.

The plaintiff is fishing.

[captain1]

Thank you.. It did appear like they were trying to confuse the issue and me. I will do exactly as you say.

[CESElizabeth]

Go to this website http://www.affil.org/consumer_rsc/debt_collection.php

Every state, county, or city collections court is different. The one thing that you should never do if you get sued is ignore the lawsuit. At a minimum, always follow the directions on the court summons to file a written answer with the court and do not let a default judgment be entered against you. In court, you will have a chance to explain your side of the story. The lender or debt collector must produce certain minimum evidence in court to prove your debt, such as a signed contract and the like. Often they can’t or don’t produce these documents for a number of reasons, including the passage of time and poor record keeping. When you file an answer in the court when sued and go to the court date when notified, you put the lender or debt collector to the test of proving their case. If you win the case, then all collection efforts should end. If you lose the case, the judge will sign a paper listing the amount you owe. This is called a “judgment.” You may have the right to appeal the judge’s decision if you think it is wrong. If all else fails, even if a judgment is entered against you, every state has a list of “exempt” property that can’t be seized and, if you are employed, a minimum amount of wages that can’t be garnished. In addition, social security and other benefits are also exempt. As a result, poor people who are unemployed and even some people who are working part-time or for low wages will not have to pay a judgment.
Another important thing to keep in mind is what is called “a statute of limitations” on your debt. If the lender or debtor does not sue you within a specified period, they lose their right to ever sue you again. This is usually a period of several years, normally counted from the date of the last payment you made. As a result, debt collectors will pressure you to make a partial payment—even a very small one—because this will extend the statue of limitations further in time. Therefore, it may be a mistake to make a partial payment when pressured by a debt collector after years of not paying, because in some states this partial payment starts the statute of limitations running all over again.

Frankie

[captain1]

I did send an "Intent to Defend" to the courthouse and a request to verify the debt to the lawyer. 2 weeks later I received a big bundle of paperwork from the lawyer, none of it addressing my request.

[captain1]

Scott Gem,

I sent the "Plaintiff's First Interrogatories, Request for Admission and Request for Production of Documents" back to the Plaintiff within the time requested with a letter saying that I was still waiting for them to verify the debt. The lawyer has done nothing but keep sending me nasty letters, with the latest being today. They have filed a "Motion to Compel" with the courts claiming I have "failed to respond". I have responded every time with a letter sent via certified mail, which they have received and signed. They have also "failed to respond to me". They have also filed a Motion for a Summary Judgement with the Court. They have completely ignored my request for verification of debt, and have proceeded as if I ignored them. What is my next step? How long does it take for the courts to respond to this motion? Is there anything I can write back or respond to the courts with?