Established Member
yarbles
Posts: 18
Registered: ‎10-07-2012
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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