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I just received a summons yesterday. Everything that I've read on the website suggests contacting an attorney. Does any one have a suggestion where (or what to look for) I can search to find one. When I googled it just brought up credit repair firms and I'm not sure that's what I need. Thanks!
I will assume that this is a summons from someone collecting an old debt - professional legal advice is always great and recommended, but one may be offer better advice and possible directions for you but would need more information: was this debt yours - if not any evidence proving it? What sort of debt is it and what is the SoL in your state? Have procedural rules been violated brining this action? (these are the minor issues that can get a case dismissed.)
Whatever you do.. Make sure you know your rights, and don't skip the court hearing... If you do then they will win an automatic default judgment.
Best of luck.
Reach out to your local bar association and ask for referrals for attorneys that can assist with this type of matter. Typically, an attorney will offer a free consultation to ensure that they can help with your specific situation before you actually hire them.
@203bravo wrote:I will assume that this is a summons from someone collecting an old debt - professional legal advice is always great and recommended, but one may be offer better advice and possible directions for you but would need more information: was this debt yours - if not any evidence proving it? What sort of debt is it and what is the SoL in your state? Have procedural rules been violated brining this action? (these are the minor issues that can get a case dismissed.)
Whatever you do.. Make sure you know your rights, and don't skip the court hearing... If you do then they will win an automatic default judgment.
Best of luck.
The debit isn't that old, well within the SOL (which is 6 years in Colorado). I contacted Transunion for validation already. It's something that I had no idea went to collections. I just found out about it when I pulled my credit report a couple months ago. My ex and I are separated and he had the car, but it was in both our names. It should have been paid by gap coverage and I did not receive notice that they did not pay. I contacted the gap company via email asking why they didn't pay and have not heard back from them. I also talked to the collection attorney (I needed to get the VIN # since the gap company was acting like I didn't exist) and told them that I do not owe the money, gap coverage does.
I don't think they have broken any rules and I fully intend to show up to court (great info taken from this website ) but I certainly don't want to do so without contacting an attorney first. I don't even want to contact the CA attorney until I find one of my own.
@preciousmissy wrote:
@203bravo wrote:I will assume that this is a summons from someone collecting an old debt - professional legal advice is always great and recommended, but one may be offer better advice and possible directions for you but would need more information: was this debt yours - if not any evidence proving it? What sort of debt is it and what is the SoL in your state? Have procedural rules been violated brining this action? (these are the minor issues that can get a case dismissed.)
Whatever you do.. Make sure you know your rights, and don't skip the court hearing... If you do then they will win an automatic default judgment.
Best of luck.
The debit isn't that old, well within the SOL (which is 6 years in Colorado). I contacted Transunion for validation already. It's something that I had no idea went to collections. I just found out about it when I pulled my credit report a couple months ago. My ex and I are separated and he had the car, but it was in both our names. It should have been paid by gap coverage and I did not receive notice that they did not pay. I contacted the gap company via email asking why they didn't pay and have not heard back from them. I also talked to the collection attorney (I needed to get the VIN # since the gap company was acting like I didn't exist) and told them that I do not owe the money, gap coverage does.
I don't think they have broken any rules and I fully intend to show up to court (great info taken from this website ) but I certainly don't want to do so without contacting an attorney first. I don't even want to contact the CA attorney until I find one of my own.
I agree with MBOhio2. Contact you state bar association and ask about a lawyer referral.
As far as your creditor and the law is concerned, you are contractually liable for the car loan and whether or not you had gap insurance is irrelevant as far as the creditor is concerned. The bank has a contract with you so they do not care about any third party.
Thanks for the bar association recommendation! I wasn't sure what kind of lawyer I needed (I was recommended to a Civil Lawyer for anyone else who has this happen) so I looked up bankruptcy lawyers. I called 5 and 4 of them wouldn't talk to me unless I wanted to file bankruptcy. Since my outstanding debt is pretty low I don't want to do that. The 5th one spent 3 minutes talking to me and was able to refer a couple lawyers in my area. I have a meeting with one next week. Best case scenario is that it's thrown out of court....worst case is that I have a judgment. The CA said on their payment option that even if an agreement is made they will still seek judgment. I figure if I'm going to get hit with a baseball bat I might as well be wearing padding.