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Kaelibugs
Posts: 2
Registered: ‎02-28-2012
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I just received a summons..

[ Edited ]

Tonight around 7pm I had a knock at my door, it was a person delivering me a court "summons". The paper actually has no official seal or judge/court signature, but it does have a Case number attached to it. I told the guy I refused to take it, he left it on my door step.

 

I read through it, it says I must appear, but there is no date for me to appear? It also is dated Sept 17th. It says I have 30 days from the time of receiving this to file a paper called a motion or answer with the courts or I will be automatically found guilty, and the plaintiff will win.

 

This is for a debt through Dell financial. My last activity was in 2008. It was charged off, then sold to another bill collector (can't remember the name), then sold to Midland Funding (who owns it now). The attorney who is representing them is the person who I got the letter from. Daniel Gordon from Eugene Oregon. I have read some reviews of this guy and oh wow... He is pretty shady. But my biggest concern is he seems to be a wage garnisher. I barely make ends meet as it is.

 

Can anyone give me any advice on this? I have no idea what to do or of this is even legitimate?

 

Apparently Midland bought the debt 2/2012, they have reset the date somehow saying that it was from 2/2010 and the amount is $2445, which the original amount was $1800 or so.

 

I am kinda freaking out about this..

 

Thank you in advance.

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llecs
Posts: 32,869
Registered: ‎08-04-2007
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Re: I just received a summons..

Welcome to the forums!

I'd suggest reading the following:

Common Abbreviations

Credit Scoring 101 - great for knowing what is in your credit score and to see how your score is impacted.

What Steps Do I Take - great for learning the repair process.

and Example letters - PFDs, GWs, DVs, etc.

 

 

 

Is MCM reporting on your CR?

 

What is the DOFD of the debt? This is the date you first went late and never ever recovered again. If your last activity (DOLA) was in 2008, your DOFD could be in 2008, or even before that.

 

Was this a revolving account (e.g. Dell's CC)? Or was this something else like a lease?

 

What state do you live in?

 

Assume it is legit and take steps now to save $$$ or get the $$$ to pay it. Just don't pay it yet so that you have the opportunity to do some more research. Your state has rules on how to serve folks. In some states they don't even have to hand the summons to you. They can mail it, tack it to a door, etc. Your state also defines how long a process server has to deliver that summons. You might want to check that out, however it wouldn't make the debt any less legit and you could still be sued. Looking it up might buy some time.

 

Also read the paperwork closely. Every state has their own rules on how to respond to a summons. I recommend responding before those 30 days is out. It doesn't admit guilt but buys you some time by which to set a new court date.

 

Send a DV each to MCM and this attorney today. Also ask from Dell for the last 3-4 statement copies to see how you got to $x.

 

Don't worry about a garnishment. They can't garnish until they win in court. You haven't gone to court yet so it's premature to worry about garnishments.

 

I asked above for the DOFD. It's very, very improtant to know that date. Look on your EQ report as pulled directly from equifax.com or annualcreditreport.com. The DOFD is when the account first went bad. Your state has a SOL (statute of limitations) for this debt and the clock to be sued starts at the DOFD. In some states SOL clock can restart if you make a payment, admit to the debt, etc., so think back to see if that clock restarted after 2008.

 

Ignore what the CA says the date is. It sounds like that's a reported "open date" or even "date of last activity". Ignore those two dates. Means nothing here.

 

The balance can increase due to interest, legal fees, late fees, etc.

 

 

 

Valued Contributor
madmann26
Posts: 1,453
Registered: ‎08-30-2012
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Re: I just received a summons..

So,

 

Funny thing that I read this.

 

I had something similar happen to me a couple of years ago. This cat showed up in a late model Camry, black (the car that is), plain clothes and was very confrontational. When I asked to see some ID or something he throws the "summons" at my feet and rushes off to his car when I start walking toward him with my cell phone to get a picture of his tag.

 

I called the police,who came out. They reaffirmed that this was not a summons and was happy to write a report on what happened. They (my local PD) took offense to what had happened.

 

Unless it was an officer of the court, PD or sherriff's office I don't think I would worry much about it. I would call your local sherriff's office or PD and have a report written. It's free to do and will start a document trail, to your advantage.

 

You can be served without a signature, though, it doesn't hold the same weight as if you were served and had to sign stating you received said summons.

 

Just my .02,


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jmco
Posts: 92
Registered: ‎09-23-2012
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Re: I just received a summons..

this happened to my husband with a Target bill from 2008 but he wasn't served so to speak - just court letters (or what looked like court letters) were mailed to our home snail mail and via registered mail.....we didn't accept the registered mail but the snail mail got us nervous because it did have a docket number and we too were afraid of garnishment.  I waited until right before the 30 days were up and called the attorney (collection agency).  Since I couldn't pay it off in full at the time there was no settlement to be made or a way to avoid a judgement on DH's credit report but I did make a payment arrangement with them and the court date went away.  Now, 12 month's later

the bill is paid in full and the judgement remains listed on the credit reports as closed & satisfied.  I am looking for a way to get rid of that now.  There are many others on here that are more qualified to give advice to you but know that you are not alone and as scary and disappointing it is, you will get through it and things will get better.

I would say, calling them to make a payment plan is probably your best bet because wage garnishment stinks!  Good luck.


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yarbles
Posts: 18
Registered: ‎10-07-2012
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Re: I just received a summons..

[ Edited ]

While I can't give legal advice I can tell you what I did in this same situation. It was one of these summons that made me decide to start fixing my credit, but don't worry the more shady they are the better it is for you. 

 

Of course get a lawyer if you can afford it, but at the time I had nothing and was just coming back from a loss of job and was only working as a temp in a warehouse. 

 

I didn't even get the knock on the door, mine came via mail which wasn't even certified. In my case I was sued by a shady law firm here in MA called Lustig, Glaser & Wilson, P.C. They filed a small claims case against me making it appear it was on behalf of the credit card company.  The reality was they were just using the law firm as a front for their own collections company and they were just playing the "numbers" game. Meaning they just spit out as many law suits as they could and just went for judgments based on no shows.

 

In my case I had a little more than 30 days..

 

1) I sent them a DV that they never responded to. 

2) I filed for a change of venue because by law, they have to sue in YOUR district court. They are suing you which means they have to come to you. 

3) I tried to get a continuance to give me more time, but instead the court when they moved  the case to my district court they just pushed it out an extra 30 days.

4) I figured out they were doing collections for their own company and were not acting as a law firm for the OC, so I filed for a dismissal based on the fact that they were not licensed debit collectors in my state. 

5) They dropped the case voluntary and sold it off to some other debit collector. ( ie just because you beat them doesn't mean it will go away)

 

The few key points I used..

 

1) Did they file in your district court?

2) Are they a licensed debit collector in your state? 

3) Do they have the right to collect this debit & can they prove it?

4) If all else fails try to drag it out specially if they have to come to you and work out a settlerment. What ever you do don't let them get a defualt judgment. Everyone says settle, but at the very least you want them to settle on your terms, not theirs.

 

My guess is they are much the same as the guys that sued me. They are likely just playing the numbers game hoping to get defaults by no show.

 

 

 

 

 

 

 

 

 

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Established Member
yarbles
Posts: 18
Registered: ‎10-07-2012
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Re: I just received a summons..

Also I wanted to say here in MA for "small claims court" they can mail it and it doesn't need to be certified or delivered by the court officer.. Meaning if it's small claims they don't have to do the extra stuff you would assume is necessary.

 

Don't just write it off because it doesn't seem offical.. Check the doccet number with the court before you write it off.

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Shogun
Posts: 12,952
Registered: ‎04-15-2011
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Re: I just received a summons..

Get to reaserching this account.  As llecs said, find out the DOFD and the SOL for your state.  If it is still within the SOL I would suggest making arrangements to pay to avoid a judgement if possible.  But you have to do the research!


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jadeite788
Posts: 510
Registered: ‎09-25-2009
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Re: I just received a summons..

I know what that is, but from my knowledge that only happens to rental agreements for residential properties.  I had to do one for my husband for the state of Alabama for a rental property he owns.  Depends in which state you live in.  But yes this is legal.   It is not a summons but  the creditor/landlord has to send the person either in person or taped notice on their door a Notice Vacate or Return of property.  You have a certain amount of days to respond to the written notice.  After that the creditor has the right to file a claims against the defendent. 

 

Unfortunately it does not count because it has to come from the original creditor themselves not third party collections.   I would just dispute the debt with all three credit bureaus and the collection agency and prove the debt is yours due to the fact it has shifted from so many hands, and put the burden of proof on them.  Me personally I am sly about it and won't say nothing in regards to the actual amount.  Let them prove what the actual amount is first.  Handling creditors is like a game a poker.  Treat it that way. 

 

 

P.S dont freak out.


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RobertEG
Posts: 18,463
Registered: ‎03-19-2007
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Re: I just received a summons..

My recommendation is to call the office of the clerk of the court and inquire as to whether whatever was provided to you was sufficient to trigger any pending requirement of the court.  Who can/cannot serve notice is governed by the civil procedures of the court. 

The court is the party you are responsible to.  I would inquire with them.

Senior Contributor
Walt_K
Posts: 3,065
Registered: ‎11-02-2009
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Re: I just received a summons..


madmann26 wrote:

So,

 

Funny thing that I read this.

 

I had something similar happen to me a couple of years ago. This cat showed up in a late model Camry, black (the car that is), plain clothes and was very confrontational. When I asked to see some ID or something he throws the "summons" at my feet and rushes off to his car when I start walking toward him with my cell phone to get a picture of his tag.

 

I called the police,who came out. They reaffirmed that this was not a summons and was happy to write a report on what happened. They (my local PD) took offense to what had happened.

 

Unless it was an officer of the court, PD or sherriff's office I don't think I would worry much about it. I would call your local sherriff's office or PD and have a report written. It's free to do and will start a document trail, to your advantage.

 

You can be served without a signature, though, it doesn't hold the same weight as if you were served and had to sign stating you received said summons.

 

Just my .02,


Sorry, but this is absolutely incorrect advice.  In your specific case, that person may not have been serving actual process and it may have been a scam.  There are reports of scams where people get junk debt lists and pose as collectors without having actual authority.  But you absolutely cannot assume that a summons is inadequate simply because it was not served by a court officer, police officer, or sherriff.  Each state will have its own laws, but typically, the requirements are no more than that the person is 18 and not the Plaintiff (or otherwise interested in the case). 

 

To the OP, please do not ignore this.


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