Expert: Jason Shear, Esq. - 12/21/2008

Question
Hi,
I have a debt collector that has been calling me on and off now for a few months, the debt was from a credit card from BOA, there was a class action law suit against them, that I was involved with, the settlement was, they were to pay us for misleading us when we signed up and accepted for a line of credit, and to wipe out balance on the account and close the account, with positive report to the credit agency. We won the class action law suit 6 years ago, I received my check in the mail and at that point believed it to be over. About a year later I started receiving bills from them, with interest, end interest and bill on the credit card was capped at $3200.oo. I spoke and then sent a letter to the credit card company with the information regarding the class action lawsuit. they sent me a response back saying, I wasn't supposed to be involved in that, but they sent the check anyway, and never asked for the money back!!!! OK!!! the check meant I was done, we won they lost and that was supposed to be the end.
Now 6 years later I start getting calls from a debt collector, I explained once again, then I just didn't bother picking the phone up. Last week I receive in my mail box, what looks to be a summons for debt collection, and the amount of 3200.00 no court date, no docket number, a hand stamped signature of the person that delivered it, no envelope, and the court house isn't named right for the county I live in!!! Is this for real!!!! says I need to respond in writing in 20 days!!! NO need to appear in court, but no court date, or docket number!!! Anyone know the answer to this mystery, and should I respond, I was told not to, it is a fake summons!!

Answer
Val:

Perhaps the debt purchaser/collection agency sent this to you in an attempt to scare you into paying.  Call the City or Town Court and the County Court where you live.  Ask the Court Clerk if there has been a case filed against you.  

If this is a "fake" Court document, you have a claim against this collection agency under the Fair Debt Collection Practices Act (FDCPA).  If they really did file a lawsuit, it appears that the debt is past the Statute of Limitations.  After you call the Court, if you have any follow up questions please do not hesitate to call.

Jason Shear, Esq.
NY Consumer Attorney
(716) 566-8988