Expert: Creditwrench - 6/23/2008

Question
The summons contains my first name spelt wrong and I cannot recall getting a notice from any collection agency about this debt. I had just graduated high school and attending college when this card was given to me. I paid a few months while a had a part time job but unfortunately could not finish paying off the $500 debt. The atty is asking over $1000 to settle this debt. Please help/advise me on how I should advance with this summons which indicated at the very bottom that "This communication is from a debt collector...."

Answer
First of all, never educate the other guy. If he spelled your name wrong then respond to the summons using the wrong spelling of your name. I've personally seen cases where names were spelled wrong and the party just responded using the same wrong spelling and even though they lost the case the resulting judgment could never be collected and the judgment never showed up on their credit reports either. That's why I say never educate the other guy.

Of course you need to respond to the summons but first you need to send the lawyer a demand for validation and denial letter by certified mail return receipt requested. That will stop him from legally moving forward with the case until he validates. Of course, he can ignore the law or he can put up a phony statement or two hoping you don't object to his doing so and file a federal case against him for doing that.

I'd suggest using a conditional denial of his complaint accompanies by motions to dismiss for each and every one of the complaints and send him demand for interrogatories, admissions and demand for production of documents as well. That will give the lawyer something to chew on for a little while at least.

In the meantime you need to be studying your rules of civil procedure and rules of evidence and become at least somewhat familiar with them.

Bill Bauer
405-684-9297
405-227-9423

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http://consumers.creditwrench.com/sh...=7351#post7351
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