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Collections Law/Answer to the complaint for summons and complaint
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Question
I have been served with a summons for a debt that I did not incur. My ex-wife agreed to this with the orthodontist after we were divorced. I never signed, agreed, or promised anything to him. My ex-wife did. i wasn't even aware of the debt until my daughter changed her address to mine after her mother moved out of town. They instantly began telling me I owed the amount that my ex-wife never paid. My question would be how do i answer this summons in writing. Is there a specific form i am to use or just write a letter. It states that I do not need to appear in person.
I would suggest that you respond with a graduated denial followed with an affirmative defense stating that the debt was agreed to by your ex-wife at a date after the divorce was final.
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Telling you that you do not need to show up in person is wrong. If you don't provide the above to the court by filing your responses to the court in writing at the office of the clerk of the court and also showing up at the hearing to defend will mean that they will get a default judgment and then you will owe the debt.
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| Rating(1-10) | Knowledgeability = 10 | Clarity of Response = 10 | Politeness = 10 |
| Comment | Very helpful, thank you. I will use this information and follow the advise. | ||
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Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
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