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pastamamma · Mar 8, 2011, 12:42 PM

I was told by my attorney that once you are served a summons to court that you have already lost your case because you didn't respond to collection letters within 30 days of receipt saying it is not your bill or that you did not request validation and the best thing to do is to call them and offer to pay the amount they want in installments. The latest I received is out of the statue of limitations in RI. It is over 10 years since I made the last payment on the JC Penney charge. Also they charged it off in April of 2001. They will not give me written confiramtion of this, how do I defend myself or do I listen to this attorney that I paid and just keep agreeing to pay these outrageous amounts to these collection agencies. He claims they've already won and I owe the money and if I don't pay them they will attach my unemployment. Also I receive money for my adult disabled daughter to make sure her bills are paid through Social Security, I'm afraid they will try and attach that money. Any help would be appreciated.

summer_girl · Mar 8, 2011, 01:01 PM

I guess I don't understand why you don't believe your attorney.

pastamamma · Mar 8, 2011, 01:16 PM

Well basically because what I'm reading on this and other websites is that a judgement is entered if you don't go to court and respond to the summons within 30 days. I did hire my attorney who contacted them and responded within the 30 days, so that's where the confusion comes in. How did they win a judgement if there was never an actual court date set up. My attorney contacted them before the court date and it was postponed several times. So how did they receive the judgement? Did he mislead me and not appear when notified? I did what I believed was the right thing to do by contacting him and asking him to represent me within the required time.

pastamamma · Mar 8, 2011, 01:17 PM

Also, you didn't answer any of my questions, you presented me with a question about my belief in my attorney.

summer_girl · Mar 8, 2011, 02:01 PM

It seems like a professional attorney who looked at your case would be giving you solid legal advice, more so than what you would find on an internet forum. Remember that we are allowed to ask for further information as part of the terms of service.

Fr_Chuck · Mar 8, 2011, 07:54 PM

Responding to a collection letter is only if you don't wish to contest that you owe the debt,
It is not proof that you owe the debt or proff that you can be found liable for the debt.

So if served and properly responded, you can have any judgement set aside if they improperly got the judgement.
Most likely they merely told the court you did not respond to get a default judgement, it is not uncommon at all for collection people to lie to get their judgements

pastamamma · Mar 9, 2011, 10:39 AM

So if I get a summons to court, I should respond and deny the debt, then appear in court to prove that the amount is SOL, how do I do that if I don't have anything on my CR any longer and GE Recovery told me that it was charged off in April of 2001 and my last payment was oct. 2000, but can't send me any proof. In RI it's 10 years for the SOL