Served a summons

Discussion in 'Credit Talk' started by blobbo, Jul 14, 2006.

  1. blobbo

    blobbo New Member

    About 2 months ago I received a phone call at work by a law firm representing Midland Credit Management (MCM). I told the person not to contact me at this number any more and to send me a debt validation letter (DVL). One month later, I was served a summons (at work, no less.)
    I called the law firm immediately, and asked what this was regarding, got all the info and told them that I do not want to go to court and that I would like to resolve the issue. I also stated AGAIN that they send me a DVL. They said they would and that I would have it in a few days. They also offered to settle the debt for 65% and I said I need the DVL first. I called back numerous times to find out the status of the DVL, and NO ONE ever called me back. After sending 2 certified letters requesting the DVL, they wrote me back saying they are waiting to get it from MCM.
    It has now been beyond 30 days of my request, and I send them another certified letter requesting they drop my case and I cited the following: "under the doctrine of estoppel by silence, Engelhardt v. Gravens (Mo) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists."
    I live in California and want to make sure I am handling this properly if anyone has any advice.
     
  2. gib

    gib Well-Known Member

    By now they probably have a default judgment against you. No, you didn't handle it correctly.
     
  3. ontrack

    ontrack Well-Known Member

    They probably got a good laugh around the water cooler.
     

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