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    Kristy_09's Avatar
    Kristy_09 Posts: 3, Reputation: 1
    New Member
     
    #1

    Feb 15, 2009, 05:37 PM
    Collections/Law Firm Civil Case
    I am so glad to have found this forumn, as I don't know too much about what steps to take and what to do.

    Yesterday I was served with Court papers by a process server, for a Limited Civil Case, for Other contracted collections, for the amount said originally owed of $1,029.01 interest of 94.44 attorney fee's of 150.00, and any costs of suit incurred herein for such further relief that the court deem just.

    The credit card I originally had was with Credit one Bank, with a $ 500.00 limit, I don't understand how the amount owed is now twice that.
    Unfortunately during late 2006 the company I was employeed with was sold to another company and my hourse were cut, then in January 2007 I was injured and put out of work on Disability.
    I never wanted to go into debt and not pay this credit card company, but money was extremely tight, with my increasing medical costs.
    I did try to consolidate sometime in 2007, but I couldn't keep up with the payments, and that was when everything fell through, and I believe that Credit One Bank sold my debt to this law firm/collection agency.

    The Collectors filed the court papers on January 30th, with a summons to respond within 30 days and I was served on 2-14.
    I have no idea what papers I am to use to respond, there is a blank form attached but it is for an 'Alternative Dispute Resolution Stipulation'?
    I am very scared, I am recently separated from my husband, recently back at a part time job, making very little income, and trying very hard to catch up, take care of my medical needs, as well my daughter has medical issues.
    Any advice and help would be Grand.
    Thank you
    Kristy
    California
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Feb 15, 2009, 05:45 PM

    There are dozens of similar threads here. I suggest you look over them.

    The reason the amount is doubles is from interest and fees. Its not unusual for that to happen.

    What you need to do at this point is respond to the summons with a simple letter that you Intend to Defend. Then send a copy to the plaintiff with a request for verification of the debt.

    I would mention in the letter that, if they can verify the debt you may be willing to negotiate a settlement.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #3

    Feb 16, 2009, 07:26 AM

    Scott gave you excellent advice all the way around. I appreciate that times are rough right now but inability to pay is not a legal excuse so your best bet is to try to negotiate a dollar amount or monthly payment. GET IT IN WRITING is the other very good advice.

    Good luck and let us know how it works out for you.
    Kristy_09's Avatar
    Kristy_09 Posts: 3, Reputation: 1
    New Member
     
    #4

    Feb 21, 2009, 03:20 PM
    Thank you so much Scott and Judy for your responses.
    Im not sure and maybe you will now, what forms I am to use to resond, and do I have this company served ?
    Also I received a telephone message from them yesterday, should I call them back, since they have already filed suit against me ?
    Thank you again
    Kristy
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Feb 21, 2009, 05:57 PM

    Did you read what I said? The answer is there. Did you look over similar threads like I suggested?

    I would not answer their phone calls, but in the letter you send them, you request future correspondence only by mail,
    Kristy_09's Avatar
    Kristy_09 Posts: 3, Reputation: 1
    New Member
     
    #6

    Feb 24, 2009, 06:51 PM
    Thanks again Scott, I did read what you said, and several similar posts, I guess my confusion is really what form I should use to respond, as I have not found anything in any of all my online research that suggest what court form to use to respond.
    A simple letter Im not sure how to file and serve that. And the only blank documents they attached were not response forms.
    I didn't answer or return their phone call, I plan on going to the local facilitator tomorrow to see if they can show me what forms are for responding.
    Sorry I don't know much about this stuff, I have never been sued or sued anyone before :/
    Thanks Again :)


    Quote Originally Posted by ScottGem View Post
    Did you read what I said? the answer is there. Did you look over similar threads like I suggested?

    I would not answer their phone calls, but in the letter you send them, you request future correspondence only by mail,
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #7

    Feb 24, 2009, 07:10 PM

    Just send the letter to the court referencing the docket #.

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