You are here:
- Home
- Business
- Corporate Law
- Collections Law
- Summons on Bad Credit Card
Collections Law/Summons on Bad Credit Card
Advertisement
Question
I live in AZ. I was served with a summons a few days ago. The original cc was
with Chase then sold several times. The last time I made a payment was in
2004. On the summons it shows that I am being sued for $12,000. Than is
scratched out and $9999.00 is written in. Odd?? Anyway, I need to respond to
the court with an Answer. It is my debt but I wasn't aware of that amount.
Also, the previous debt collector (Cambece Law) contacted my mom and gave
her all sorts of info, like amount, that my house will be leaned or jail time.
Any info will be helpful.
I would recommend that you respond with a statute of limitations defense. I would start looking for proof that your last payment was in 2004 and exactly when because the judge may demand that you either prove your point or find for the plaintiff. If you can prevail I would then sue the lawyer in federal court for misrepresenting the legal status of the debt.
)
Then I would sue Cambece for giving her all your information.
Related Articles
- Collections Law - Federal Law Restricts What a Debt Collector Can Do to Collect Money You Owe
- Can I Make Payment Arrangements on a Debt Collection
- Can a Debt Collector Sue Me for a Unpaid Debt
- Working With a Collection Agency - How to Deal with Debt Collectors
- Can a Collector Contact Me About a Debt That's Not on My Credit Report
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.
©2012 About.com, a part of The New York Times Company. All rights reserved.