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Collections Law/How to respond to Summons for alleged Credit Card Debt

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Question
My wife received a summons on June 3rd stating that she was being sued for $877. We want to file a response but we are not certain how to. She is aware that she owes on 3 capital one cards, but has not received any paperwork on any of the debts other than the summons. When she contacted the law firm to inquire about the debt a representative stated that unless she paid the debt in full within a few weeks, he would send the Sheriff to her work to garnish her wages. When she advised that the trial had not yet taken place, he advised that they would wait until July 3rd and send the Sheriff. He also advised that another one of her debts had recently come to their attention and that they would be investigating her further. I am currently unemployed and my wife makes less than $26,000 per year. We wish to respond to the summons and she is aware of some debt, but we are uncertain if this debt is valid. How should we answer this?

Answer
I'd suggest that you file a graduated denial in answer to the summons.

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

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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.

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