That was the letter i was served with today from a lawyer/CA that hasnt provided me with proper validation after they recieved 2 letters.First letter was the standard DV the second was an estoppel. The alleged debt is in the amount of about $7,000 from a discover card CO. My question is what should i do because this isnt an actual court document its something they have typed up with the court file number left blank. whats even more funny is that it has the mini maranda on it saying this is from a debt collector. Also i have not been able to find their license to be a debt collector in my statem, which does require a license. Should i call the court to see if there is a case number? should i call the CA to see if they will give me their license number? or a court file number ? other wise what should be my next step is this just a scare tactic by them or will they go through with something? Thanks JD I should also add that i am in Minnesota and this was filed in Mn District court
:was the letter i was served with today from a lawyer/CA that hasnt provided me with proper validation after they recieved 2 letters: -Where these "letters" send DURING THE 30 DAYS FOLLOWING THE INITIAL COMMUNICATION FROM THE DEBT COLLECTOR?? "First letter was the standard DV" -See above "the second was an estoppel" -What DUTY or RESPONSIBILITY did the collection agency have to respond, and HOW were you "harmed" ? "this isnt an actual court document its something they have typed up with the court file number left blank." - "simulated court documents" ? FDCPA 807 http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#807 "whats even more funny is that it has the mini maranda on it saying this is from a debt collector." -That is funny. AND GREAT EVIDENCE TO SHOW IT AINT A "SUMMONS" KEEP THAT BABY! "Also i have not been able to find their license to be a debt collector in my statem, which does require a license." -Bad collection agency! This is another violation "Should i call the court to see if there is a case number?" -ABSOLUTELY! "should i call the CA to see if they will give me their license number? or a court file number ?" -Why bother "other wise what should be my next step is this just a scare tactic by them or will they go through with something? " -Scare tactics are what the protections of the FDCPA/FCRA are all about. "I should also add that i am in Minnesota and this was filed in Mn District court" -Was it in fact filed? or just claimed to be filed?? -CONTACT ME AND I WILL GIVE YOU THE CONTACT INFO FOR ONE OF THE BEST CONSUMER LAW ATTORNEYS OUT THERE!! AND HE IS IN MN
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#807 This FDPCA quote you gave hiding... does this apply to OC and CA both?
"A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any 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." DID YOU EMAIL ME?
Thanks for the reply hiding, now to answer some of the questions brought up. first off this has not yet been filed in court as far as i know sorry for not clarifying. the letter simply states MN district court at the top of it. The DV and estoppel were sent well after the initial 30 days. however they were sent to my parents house which i was not living at anymore and i rarely checked the mail over there. They got my new address from the DV i sent them. i intentionally gave them my new address. i figured the SOL isnâ??t running out for 5 more years and that i would have to face the music sooner or later. Iâ??m not sure exactly what you mean when you say: "What DUTY or RESPONSIBILITY did the collection agency have to respond, and HOW were you "harmed" ? Would you please be willing to elaborate on that. Thanks so much for your help i will email you about the attorney you know, i would like to think i could handle this on my own however if i feel im getting in too deep it would be nice to have someone knowledgeable to contact. JD
Re: Re: You are hereby summond ok i just got off the phone with the court and they cannot find any record of my name in this. However she did go on to say that this may be an actual summons because it doesnt necisarily have to come from the courts. and that if i dont answer this they can obtain a default judgement on me. so if thats the case i need to start putting together an answer and send it to them is this correct?
Re: Re: You are hereby summond Summons must be sent certified or in person from an official. They must ensure that you were notified to appear. This cannot be any sort of official summons if you simply got it in the mail. They have clearly violated your rights in presenting a document to you that appears to be a court document. Be sure you are keeping all copies of these things for your civil suit in the future.
Re: Re: Re: You are hereby summond Thanks for the reply. the summons was received by me from someone so i think it would constitute a proper service. also i have been keeping track of every little thing since i jumped on this credit repair ship about 2 months ago. JD
Re: Re: Re: You are hereby summond Thanks LK for that can you point me in the direction of an ITS i cant seem to find any on here. Thanks JD
Re: Re: Re: Re: You are hereby summond What do you mean you did receive it from someone? An official representing the courthouse in question or the mailman happened to deliver it to you. Did you sign any acknowledgement of receipt?
Re: Re: Re: Re: You are hereby summond in reply to your post, the letter states the following: You are hereby summoned and required to serve upon the attorneys for plaintiff an answer to the complaint which is served upon you within (20) days after service of this summons upon you, exclusive of the date of service. if you fail to do, judgment by default will be taken against you for the relief demanded in the complaint. please take notice that alternative dispute resolutions processes are available as set forth in the Minnesota general rules of practice. Dated March 8, 2004 Then on the very bottom it says this communication is from a debt collector, any info will be used for that purpose at the top it list MN district court with the county just below that it has my name listed as a defendant and discover, who is the OC listed as the plaintiff it has no official seal or anything else the second page is the complaint page it says i owe them $7,000 + $2,000 for interest and another $2,000 for the attorney's fees and that i failed to make payments blah blah blah I actually received this document just yesterday April 7,2004. it seemed to be an independent 3rd party delivering the summons. he had no markings on his car of any kind. i happened to be standing in the doorway of my house getting ready to leave when he came up to me. he simply asked if my name was john doe. I said yes and he said i have something for you and gave me the summons. it was not in an envelope nor did i sign anything. You guys have been a great help in this and any future post will be greatly appreciated JD
Re: Re: Re: Re: You are hereby summond Be careful. Laws vary from state to state. In many cases a PI or some other private service can serve you. Someone at the court told you that you shouldn't ignore it. I'd pay more attention to them. DON'T IGNORE IT! Now might be a good time to talk to that lawyer. Yes, you may make it "go away" by itself. On the other hand, a lawyer may be looking at getting you $$$$.
Re: Re: Re: Re: You are hereby summond I have read about cases debating if a summons is considered "initial communication" as far as FDCPA is concerned. Maybe they are just being careful by prviding the info that this was from a debt collector.
