Was it a real summons? Did it say "This is an attempt to collect on a debt..." at the bottom? It sounds fishy to me, especially if the court has no record of it. It could be that they want you to settle before you figure out they've faked you out.
Heh, no it doesn't say that at the bottom. It's a summons and complaint for moneys due. It was served by a process server. It just hasn't been filed in court yet.
A summons would mean there is a court docket number and a case that is going to be heard in court. What exactly did this *summons* read, as I think it is just a bunch of bogus paperwork. I don't care if she is a NACA lawyer or not. IMO Your lawyer should know that this is not a summons and if she is not doing anything about this except telling you to settle ,I'd get another lawyer. Have you given her any money yet? Again I would get another lawyer or do this pro se. Woofer
AND what amount was that? AS I have mentioned before quite a few lawyers will take a case on contingency, others will ask for an up front fee, perhaps 500 and tell you that it will probably cost 1K or a bit more to defend you. I have found that in all cases you make the money back on the lawyers fees IF you have gotten a lawyer that is a fighter not one that rolls over. Woofer
I agree, BUT he says he got a lawyer , so the lawyer should know what is up with this bogus letter, but it does not appear so. This is why I have said GET ANOTHER LAWYER! Woofer
If it has not been filed yet, then you did not have to answer. How long ago were you served? Find out thru your court what time frame they have if any? I still say something is fishy. Any summons I have ever gotten had a docket number on it and I could call the court the next day and make sure it was there. Call the clerk of court and ask questions. Woofer
It's my understanding that a summons can be the summons they are planning on filing if you don't settle and that it *can be* legitimate even without a case #.
The OC does not appear on any of my credit reports. I *do* remember having this card at one time, though. My atty. agrees that I'm within the sol of the state where the OC is located. This is stated in the original agreement, but they don't have *my* original agreement or my signature.
Okay each state is different. To me this is a *summons* that they sent you as they want to SCARE you and they are waiting for you to settle with them so they do not have to file and go to court. If you don't settle you will get sued. So what? Then you will go the suit route and the way it seems to me is they have nothing, or they would have already filed. You also should call the court,just to make sure that it is a real case or one they plan on filing. Call the courthouse speak to the clerk and ask them if they have any record of a case involving you. I am sure there are rules as to how timely a summons need be, and this may have a counter suit for you on abuse of process. Woofer
A search on the Internet says I did have to answer. That if it has a case # to answer at the courthouse, if no case number to answer the atty. Over two months ago. I don't think they have a record of my case. Nothing comes up when I search my name and when I search the OC other cases come up, but not mine.
Thank you SO MUCH to everyone who is answering me here, by the way. You're making me feel a lot better.
What state are you in again? And what state was the credit card issued? As for SOL on the agreement that they say you signed to it say if sued it was going to be by the state of the issuer? I was sued by MBNA and their SOL was less than mine, and I tried to use their SOL but court thru it out as it was for MY STATE not theirs that they considered SOL. I think you should speak to your lawyer again with all the questions that have been brought to your attention here, as then you can relax and know you are in good hands. I wish you all the luck Woofer
In most cases the SOL is going to go by the state where you LIVE, not the state where the OC is located. But as I said, the agreement could override that with a choice of law provision. Don't rely on their lawyer. Read up on YOUR state laws. If you go to court, you're going to make them produce the credit card agreement as part of discovery, and then you'll know how to proceed.
I checked the summons (or should that be "summons") when I got home and ya, there is no case number or address and phone for the court. Just the atty's contact info stamped at the bottom of each page. Will call court clerk tomorrow to see if they have any info on this case. Or should that be "case"?
I gotta tell you it bugs me a lot when a lawyer does not do well by the client. How come we here picked up on your summons and not even seeing it and your lawyer didn't? We are here if you need our help. Woofer
Here's what the court clerk said about the fact that my summons didn't have a case number or any court info on it: Did the summons have a case number on it? If not, it could be that they are trying to get you to respond to them (read the summons carefully) and if you do not than they will come to the court and file. If you did not respond they will be able to get a default judgment the same day they file without setting a court date. It is probably in your best interest to send a response to the attorney for the plaintiff. (I did respond to the attorney right away, of course.)
It's my understanding that you can't file an answer with the court when there hasn't been a case filed against you yet. Which also makes me wonder how I can do a discovery as my lawyer recommended. What's it a discovery for if there is no case yet?
