Just been sued: how to prepare?

[Anonymous]

DH was served a summons the other day for a debt that has not yet been validated. He received the first notice in Feb from Law Firm #1 (out of state). They said, "please pay this amount b/c our client says you owe it." I sent them a DV because DH has never had an account with that client or the original creditor. They responded saying they would cease collection efforts until they could produce validation documents.

The next month we received a letter from Law Firm #2 (local) saying the same thing for the same debt. I sent them a DV also; they didn't validate, but instead, about five weeks later, they sent the summons via sheriff to our front door.

The summons says it a a "sworn account" for $4848. Are they allowed to sue during my dispute? And the court date is in ten days! So DH has written a sworn denial to file with the court. He has to get it notarized and I will file it on Monday. Should we also file for Discovery? Not sure what to do; we are not legal people!

From checking the internet, both law firms and the original creditor appear to be JDB or firms that help sue for their JDB clients. I have all the paperwork and green cards, etc.

Also, DH is an OTR truck driver and leaves again on Sunday night for two weeks. Can I go to court to represent him? Is that just a sure way to a default judgment? If we file his sworn denial, and I am there, is that good enough or does he have to come too? I know that sounds so dumb...

Okay, thanks everyone!

[Anonymous]

Most courts allow you to postpone the first court date.

Here where I live, the courts automatically move the court date if the defendant is served within 10 days of the court date.

Call the courthouse and ask to postpone and then make sure he can be at the 2nd one.

While on the phone you need to find out how to answer the summons and what is considered legal serving in your state.

[DustyStash]

Sounds like yet another sleezeball operation, up to their usual tricks. First off, FDCPA Section 809b I believe, states that if a debt is disputed within 30 days of the inital notice, collection efforts shall cease until the CA produces verification of the debt.

So if they have not given you satisfactory validation, then they are in violation of this section of the FDCPA, and are not to be suing you right now. In fact, a hardball consumer would not only respond to their suit, but file a countersuit for violation of the FDCPA and maybe collect a nice little pocket of change for 15 minutes work in court ;o). 

At the minimum, you appear to be in the clear here. Especially if you truly did not have an account with the OC or these CA's/Law firms. So don't sweat this one at all .... AT ALL !  The first law firm apparently knew the rules when they told you they would cease collection efforts until said debt was validated. These other jokers, who knows what their problem is. Thats what happens when moms don't take their prenatals !!! =oP

You should be able to file some sort of answer with the court to the law firms complaint. Go ahead and state exactly what you just did on here. And if you're feeling froggy, look into filing a countersuit at the same time. You should be able to win this one without too much effort. thats assuming they even show up in court, and arent just flexing their muscles right now.

Also, not sure what state you're in .. but if its a small claims matter which it should be for that amount, most states do not allow attorneys or representation in court. This means that only the person named in the lawsuit may be present on their own behalf. No attorneys, and no you representing your husband, unless you are named as well in the suit. This is how it is here in California, so you should double check your own states court rules. I am almost certain that most other states have similar rules. 

Make sure he either gets a postponement if he can't be there, or he shows up !  Its possible if hes a no show, that they could end up with a default judgment, which is a whole other can of worms. ( I own my own judgment recovery business !) . Don't sweat these creeps. Deal with them and send them back to the cave they came from !  Your case seems pretty basic and very winable. I am not an attorney however, and if you feel its over your head, then you should definitely consult with one prior to your court date. Attorneys are generally not allowed in court with you, but you can consult with one prior.  Best wishes, and let us know how it goes !

Sparky =o)  

[granny031350]

have your husband give you power of attorney to speak for him in court.  Check with the court to make sure you get the right paperwork to be filed with them.  I would gather up your proof and go for it at the court date.  Make this second attorney prove to the judge that this debt is yours.  Hopefully you will have a reasonable judge.  The judge will probably ask the JDB to validate the debt before the judgment is granted.  If they can't then the judge should dismiss.  It might take a few weeks to get it all worked out but I recommend you stay on top of it and fight it all the way

[Anonymous]

Thanks everyone for the advice! I will update when we know something.

[Anonymous]

Hello everyone; update so far. I did get the power of attorney for my husband. We also filed the Sworn Denial with the court. Last week, the law firm sent us a letter stating,

"I understand you do NOT dispute this debt. I also understand that you have agreed to pay $200/mo starting NOW, payable to us... blah blah blah."

I immediately sent another DV, stating "You guys already signed for my DV sent certified mail, stating I DISPUTE this debt. I will not agree to pay as this debt is not mine. You are in violation of FDCPA by suing me during my dispute. Do not contact me again until you have validated this debt."

So guess what? They actually called me this morning! Our voice mail is screwed up, so I wanted to make sure I could write down what they wanted to say and use it against them. The lady asked for my DH, then said, "Well, I'm calling to let you know that we got your request for validation documents but that is going to take 120 days. So we are rescheduling your court date for October 22." I said, "You do know that we dispute this debt, and you cannot contact us or attempt to collect until you validate!" And she said, "Yes, that's why I'm calling to tell you we will have your court date on Oct 22."

UGH. And get this, one of the court clerks actually rolled her eyes when I mentioned the name of the law firm. So the original court date (which the court confirms is still set) is June 18, so in two days. I will go; any more advice? Did I screw anything up here?

Thanks!

[Anonymous]

ouch they are very dishonest people,

did you at least have caller id, or a statement from the phone companies showing that it was them calling you to lie ti you

hope you #@$%# them , i do not like dishonest peps

gl and keep us posted

[Anonymous]

So today we went to court. The lawyer was surprised we were there. They were suing about twenty people. Once we got to actually speak to the lawyer (he requested a 120 day continuance) he was pretty decent and said, "If we don't get validation documents in the 120 days, we'll drop it and there will be no law suit." Of course, I suppose they could just get a new lawyer. But when I asked him why we were served with a summons during our dispute instead of them validating the debt, he backtracked and said, "Oh, well, we issued the summons the same day but before we received your dispute." So I pulled out all my info and said, "No, you signed for our dispute letter on 4/28 and the civil warrant was issued on 5/22 and served on 6/2." And he had no answer for it. My husband said, "I don't think you can legally sue me after I have disputed this debt and you haven't validated it." And the lawyer said, "Well, it's not that simple."

Booger. But I doubt they can find any supporting docs since it's not his debt.

DH is all litigious now and wants to get everybody for FDCPA violations!