AboutCreditwrench 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.
Question I have received a real summons from the superior court of san diego from atlantic credit and finance inc and they filed through an attorney in san francisco. the papers look legit with a file date and i confirmed the case with my superior court with the case number and it has been filed.
it says i should respond in 30 days (filed on 11/6/08) by written response and have a copy served on the plaintiff and it must be in proper legal form if you want the court to hear my case. what should i do? i tried looking for the proper form to use on the san diego superior court website but i couldnt find the proper forms and i don't know how to get a copy served to the plaintiff. is it too late to send a letter to the collection's agency to validate the debt? and how do I respond to the court?
Yes, it is too late to send a validation letter to the collection agency but the lawyer is a 3rd party debt collector and you should send the lawyer a validation demand. You need to also respond to the summons and send a copy of your response to the attorney accompanied by a certificate of mailing and your demand for admissions and do it all at the same time. Send it certified mail return receipt requested.
You can learn much more about how to do that by listening to my talk radio show which aired this evening and every Monday evening at 9:00 P.M. central time. The shows are always archived at http://www.creditwrench.tv as are many of my training videos.
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