Frustrated!!!

[LuvsRetro]

Please don't call the CA!!!!

What exactly does the summons say?  Does it say you have 20 days to answer?  What is the date of the last activity on this account - is it old?

That is really weird that you have a summons, but not a court date being that the amount is under $5,000.  

Normal protocal is that you appear in Small Claims Court for anything less than $5,000.

Does it have a case number and court name listed? 

[LuvsRetro]

Okay, I just went back and rechecked some of your postings on this.  You say that the summons indicates that you have twenty days to respond and you also mentioned the amount being over $5,000.  That makes more sense.  The CA has evidently added something to it.   So that can be your defense. 

When it's not in Small Claims you have a lot more leverage.  I would prepare an "answer" and have it ready, just in case your attorney hasn't contacted you prior to the 20 days.    On the last day if nothing transpired from your attorney, just mail your general answer of denial CMRRR, then FAX a copy with the docs you received to the courthouse.  They will record it.  You will still have to mail the original.   Then you wait for the CA to send you documents asking you questions about why you deny the claims.  Then and only then write back to the CA and inform them you have contacted an attorney, give the name of the attorney and they will have to contact them.  Make sure you keep checking recording to see if the CA has filed for a motion for hearing.  Most times the Court will send you a notice of hearing, but not always.   Sometimes atty's don't play by the rules and hope that you won't be watching for this.   If you get a hearing notice, show up and tell the Judge you need more time to get an attorney.   Judges are pretty good about allowing this.  They won't discuss judgment info at this time.   This should give you plenty of time to get the settlement agreement.  Save everything, make copies of everything and never talk to a CA.  Get it in writing.

Message Edited by teamfico on 01-08-2008 06:24 PM

[Minnie]

Get your answer in within 20 days or you could/will get a default judgment. You can go to the court clerk and ask for a pro se form. Like another poster said, you can just generally deny in your answer. It really doesn't matter all that much -- just get it in!!!

[Anonymous]

Ok so this attny sends me a letter telling me that I should deal with hudson & keyse on my own which I had already got a settlement letter from them in the amount of 1180 on a 5900 debt...Only thing on this one I didnt do a PFD ...at the time I didnt know much about PFD..instead I offered to settle for 1180 and that they should report to all CRAs "paid in full"...to which they replied upon payment they would "zero out the balance and report to all CRAs as paid in full...Should I still push for PFD?...Btw the DOLA on this account was on 3/06 and I reside in Nebraska.

On the summons that I recieved I dont have a court date..Just that I have to answer in 30 days (to a collection agencey here in Nebraska) so naturally I'm gonna do a PFD with them...This attny that was supposed to take care of this summons for me has really not taken any interest in this matter...After not returning my calls for like a week, I called her yesterday and she said she couldnt get a hold of anyone and if I dont hear from her in a couple of days I should just send a letter like I did with Hudson & Keyse...Makes me mad because I just wasted my time meeting with her and thought she'd take care of it so naturally I have to do this on my own...Had I known that was the case I would have taken care of this a week ago...Btw on this account DOLA was on 02/05...Any advice anyone?