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Collections Law/Unable to find record of court summons
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Question
I'd like to thank you ahead for taking the time in reading this. My concern is that I've recently received two solicitation letters from Lawyers and arbitrators stating that a civil lawsuit (with case number) has been filed against me by a well known credit card company for a debt that is now four years old, and to please contact them for a free consultation if I so choose. It has been about 10 days since I've those letters arrived, and I have not received anything from the clerk of courts where the lawsuit is said to be filed. I've even checked public records of the clerk of courts, and there is no information there. If these letters from the lawyer and arbritators said they got the information from public record, why can I not access it myself? Would you have a better understanding of what is going on? Another odd part about this is that 20 days ago, I had a conversation with someone at the credit card company, I stated my situation with them and they updated my file. They were very cooperative and understanding, saying to please call back when I can send money to pay off my balance. Any insight would be very helpful. Thank you again.
Did you give the clerk of the court that case number? If not then do so and see if that helps them find the case. The reason it is so important is that if no case has actually been filed when they said it had been then you have a federal case against them and that is the way to make them go away and leave you alone.
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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.
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