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Collections Law/summons for credit card debt
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Question
QUESTION: Thanks for your service. I recently received a summons (California Superior
Court) from a collections agency for an old credit card debt. The date on the
summons was approximately two months old. I am not at all clear on how to
proceed at this point.
ANSWER: The first step is to obtain a copy of the cover sheet you need to file your response. You get that from the clerk of the court. Get that first then get back to me.
---------- FOLLOW-UP ----------
QUESTION: thanks, I have the cover sheet and something to return to the court to show i
received the summons...what do I do next? thanks, debbie
What is the next step? Fill out the cover sheet and attach your response to it. Prepare a certificate of mailing to use when sending documents to the plaintiff's attorney and your list of admissions demands and you are ready to file with the court and send to the plaintiff's attorney. You will probably want to include a demand for validation as well. It's really just that simple. My students can have it all ready to go in an hour or less.
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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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