Roddysmom - I'm pretty new here also but I think in all my reading this week, I saw somewhere that it is illegal for a CA or CA's attorney to send you a document that is meant to look like a legal court document. If you find out the document is not a valid legal document, come back here and post a thread about a fake court summons and there will be experts to tell you what your next step is. I understand your integrety about this is your debt, but what you'll find out in reading here is that this debt is only a legal debt to the original creditor - not someone who has bought it. IF the original creditor has charged off your debt or if it's past the statute of limitations set by your state, you are no longer obligated to pay this. Furthermore, you never contracted with the CA (collection agency) to pay them this debt. Hopefully - I've got this all right, I'm pretty sure I do. Let us know after you talk to the court tomorrow and it just might be that this CA won't only be wiping your debt and credit report clean of this, but you have some extra cash to catch up on other bills. Best of luck Shanyl
Roddysmom --- Get more opinions, I still think I'm correct if in fact you have a fake summons. <shrug> Shanyl
Roddysmom - I found it. In the FDCPA in section 807 it first says: A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (9)The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. (13) The false representation or implication that documents are legal process. And if he's not really an attorney: (3) the false representation or implication that any individual is an attorney or that any communication is from an attorney. Shanyl
couldn't help but reply one tactic that has worked for me is that once a debt is charged off the creditor gets to write that amount off on their taxes. i have asked for tax statements showing the amount they got to write off and deducted that from the amount owed. sometimes people have found that by working with the oc (if the debt wasn't sold to the CA, only assigned) they were able to settle debts more reasonably (is that a word???), therefore, taking the threat of judgment from a CA out of the picture. some simple things that LB was trying to have you read is A) is the CA licensed in your state to collect? B) have they proven the debt belongs to you? etc etc etc.
Don't count on that not being a real summons/ complaint, do call and double-check but it reads right and is SOP in AZ (with 20 days to answer in writing) -- the validation notice on the summons is required by the FDCPA and you should dispute the debt's validity within the 30-days from service and request validation (verification documentation), as well as meet the court's deadline for an answer to be filed and served on the attorney The purpose of validation is to address dunning the wrong person and/or dunning for the wrong dollar amount, since you're not denying the debt (don't admit to it either), focus on what they are claiming is due, how it was computed and the underlying documentation that would allow them, you, and the court to arrive at the dollar amount claimed. BTW, in AZ only an attorney has standing to bring a suit, for everyone else it's an illegal practice of law -- so, in AZ if a creditor or CA is going to sue you, it has to be through an attorney. The link LBrown provided you for understanding validation is a good one, you need a 101 and fast since you've been served and the clock is ticking. If you don't understand it, you won't know what to ask for or what the court may or may not require and your own testimony will be used against you (don't admit to the debt and don't allow a default judgment, that's right they count on you screwing yourself or trying to do the right thing). There needs to be a sticky that says if you are within the SOL for enforcement don't send a C&D unless you want to be sued. Here is a link that is BBee's story, it is long but goes full circle, from being served, answering, requesting validation as part of the answer, through the happy ending. It has links on how to answer, format, even the pleading paper and all that you need to check on in between: http://consumers.creditnet.com/stra...hp?s=&threadid=34590&highlight=sassy+and+bbee Here is a link to the Justice Courts in Maricopa County with links to online forms, instructions, deadlines, timeframes and the additional disclosure documentation you should be preparing to receive from the attorney: http://www.superiorcourt.maricopa.gov/justiceCourts/Info/civilsuits.asp Sassy
