This is a little long... I received a strange summons and complaint two days ago from a collection attorney. I worked with some attorneys for a short time but I'm wondering if any of you with more experience in this area could answer a couple of questions for me: 1. The summons and complaint I received are both on one long page and it looks like a computer print-out. Is that normal? 2. The summons is dated July 27th and was delivered by regular mail. I received it on August 25th, almost a month later. There is no dated postmark on the envelope (at least not a date I see) because the postmark was generated by a pitney bowes machine. The summons states that I have 30 days to answer after service is complete. How does the court (or myself) know for certain when the 30 days is up? I am concerned because it appears to me that the CA atty waited to mail it almost 30 days after it was issued. 3. At the bottom of the complaint, it has the usual CA language "This is an attempt to collect a debt.....This communication is from a debt collector". I've never seen court papers with this type of language. Has anyone ever heard of this? I've already prepared my answer (the SOL passed several months ago) and I plan to stop by the court clerk's office on Monday. Just wanted to see if anyone here has some guidance for me. Thanks.
2pugs *************** GET THE BASICS HERE. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ***************** >I received a strange summons and complaint two days ago ========= Do you mean strange or fake? Whos return address is on the envelope? No body but a court can send a a summons not even An attorney. Did you check at the court?
Well I'm really not sure if it's legit or not. I've never seen a summons like this before. I have no idea whose return address is on the envelope. It's not the one that the atty normally uses. There is no business or court name on it. I am going to the court tomorrow to check with the court clerk.
I checked with the court clerk today who said that the summons and complaint have not yet been filed with the court. They have to file within 20 days of serving me. However, they have to show proof of service which they don't have yet because they sent the summons regular mail. They may just be bluffing and trying to scare me into paying it. But I'm going to send my Answer tomorrow anyway. One more question - I never like sending anything with my signature on it to a CA. Especially this one (Asset Acceptance). I don't trust them at all. Since I have to send them a copy of my Answer which has my signature, is there anything I can do to protect myself against them using my signature for something else?
I have to send them a copy of my Answer which has my signature, is there anything I can do to protect myself against them using my signature for something else?
Why do you have to answer? They haven't served you..........what they sent was a fancy collection notice...........I've gotten one of those awhile back, scared me too.......but it's complete bs....hence the disclosure on the bottom...if you do answer their letter...just type your name out.....and send it crrr
