Summons & Court DateQuestion:
Hello on August 19th I was served a summons and complaint from a debt
collector for a credit card. I immediately pulled my credit report with
Transunion and can find no mention of this debt.I answered the summons
saying it was my intent to show for court. I also sent the court and
the collection agency a letter requesting validation and a sworn denial
statement all on August 19th. Today Aug 22 I received a court date to
appear. I thought they could not proceed until they supppled me with
full debt validations?Answer: You thought they could not proceed until
they supplied you with full debt validation? Where did you hear that
nonsense? Tell that to the judge and see where it gets you. The judge
may take the time to tell you that next time you need to hire an
attorney before he grants judgment to the plaintiff. Then again he
might not even bother to tell you that.They can do that with no problem
until you enforce the law in federal court. The problem you have is
that you have obviously been getting your information and advice from
some guru message board that either gives you information that is
totally false and misleading. It was misleading to state that they
could not move forward once you demanded validation. They should have
told you the rest of the story too.I guess you also learned how to file
a response to the court saying that you intended to show for court from
some equally bad source because that isn’t a proper answer or response
at all. You have to file a proper response which can take many forms
depending on the type of response you intend to use. Whatever your
response might be it must respond to the one simple question which is
before the court and that is “do you owe the debt or not” and if not
why not. That is the question and that is the only question which the
judge wants to hear the response to. All the rest usually matters
not.You also say that you received a court date. What date is the
hearing set for? That can be very important for several reasons. If it
is too soon you may want to file a motion for extension of time to
respond.So how do you respond to that question is a rather long
discusson which I will address in greater detail on my blog at
http://ping.fm/cJHIv

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Posted By Creditwrench to creditwrench at 8/24/2008 10:14:00 AM