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Collections Law/SUMMONS AND COMPLAINT
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Question
WE RECEIVED A SUMMONS (20 DAY) AND COMPLAINT FOR A BILL THAT I PAID OVER THE PHONE THREE MONTHS AGO. WE KNOW WE HAVE TO RESPOND, BUT IS IT WISE TO SENT ALONG WITH IT THE BANK STATEMENT SHOWING THE POINT OF SALE? THE AMOUNT THE GAL TOOK FROM OUR ACCOUNT WAS $.11 SHORT OF THE AMOUNT DUE AND DID NOT INCLUDE THE MINIMAL AMOUNT OF INTEREST THE COLLECTION AGENCY HAD ADDED. WE SEE THIS AS POINT, AS OUT OF OUR CONTROL CONSIDERING WE DID NOT ESTABLISH THE AMOUNT TO BE WITHDRAWN BY OUR DEBIT CARD. WHAT IS BEST TO DO?
Yes, I believe it would be appropriate to submit your answer to the summons and include the statement highlighting the payment. When you respond ask the judge to dismiss the case because it is frivolous and you already paid it. Even if it was .11 short they should have record of the payment. I assume you were paying the balance. If they made a mistake for the amount you should not have to pay for their mistake.
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Answers by Expert:
Michael Brotherton
Expertise
Consumer/Debtor Rights Advocate. Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years. Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com. FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY. Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be. Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems. www.financialemergency.com (copy and paste in browser).
Experience
Over 40 years combined experience negotiating disputes and resolving financial issues related to consumer debt, corporate issues and mortgage modifications.
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