Expecting a summons...what happens?

[Anonymous]

I have a collection attorney office that refuses to put payment arrangements in writing and only want checking or credit card numbers to set one up. They refuse to send my anything in writing. I was told that if I don't set up something soon they will sue. I give up and guess I will let them send me a summons for court. What happens? If I get a summons can I pay the bill in full before court and not get a judgement on my record? My big thing is that I want to pay my debts....I just don't want to get scammed and by them refusing to put anything in writing I don't trust them. BTW I know what they are doing is illegal and have already contact state attorney and FTC.

[Anonymous]

BTW I also need to buy some time....trying to get some more money saved up for this

[Anonymous]

They may well be bluffing. Refusing to put anything in writing is a violation of the FDCPA. They were required to mail you a notice within 5 days of their first contact with you. That notice was supposed to inform you of your rights, specifically your right to demand validation of the debt.

If they do sue you, you have to file an answer with the court and send them a copy. In most states you have 30 days to do this. And in most states, the courts will encourage both parties to try to work out a settlement before the case goes to trial. So getting served isn't the end of the world.

I'm not a lawyer and this isn't legal advice. But you might want to consider including a countersuit in your answer. Under the FDCPA they can be made to pay you $1,000 for violating your rights.

So what is the original debt? Do you actually owe it? Is it within the Statute of Limitations for your state?

[Anonymous]

the original debt is about 700.00 and now it is 1,032.00 and it is within the sol. Thanks for the info....I am very stressed....and I just want to get this taken care of.

[Anonymous]

Yes, you can pay prior to the court date. In fact, if you do, you can show the judge your receipt and make the plaintiff look like a moron (NO judge likes to have his/her time wasted like that!!). Just make sure that regardless of whether you pay the *bleeping* thing prior to court or not, that you APPEAR. If you don't, even though you may have paid prior to the court date, you will still end up with a judgment on your reports!!

Of course, if that happens, you can sometimes file a motion to vacate the judgment, but you don't want to depend on a judge's mood as to whether or not s/he'll allow it.

[oracles]

wonderin, i have to say, you have a wealth of knowledge. Keep up the great work in helping people. I truly have learn alot from you. thanks

[Anonymous]

Shucks, thanks, oracles!

Best friend's a lawyer. When he comes over and gets snookered, it's either listen to him prattle on about law for three hours or throw something at him. Unfortunately, I'm not that good of a shot!

I'm teasing him, but it's NICE having a bloodthirsty, soulless lawyer friend (his words, not mine), sometimes!! But you NEVER want to get into an argument with him! If you lose the argument, you get a bill!

[oracles]

ha very funny, i would enjoy a convo with you and him lol

[Anonymous]

ONLY if he's snookered. Trust me. The sottier he gets the more fun he is!

[Anonymous]

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@Anonymous wrote:
Shucks, thanks, oracles!

Best friend's a lawyer. When he comes over and gets snookered, it's either listen to him prattle on about law for three hours or throw something at him. Unfortunately, I'm not that good of a shot!

I'm teasing him, but it's NICE having a bloodthirsty, soulless lawyer friend (his words, not mine), sometimes!! But you NEVER want to get into an argument with him! If you lose the argument, you get a bill!

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Well thank you for your info.....My only worry I have now is that I will get screwed over with extra fees or something along those lines.