AboutCreditwrench 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.
Question In 2006 a person came to my mother's door to serve court papers against me. Not only have I not lived at home for 10 years I have not lived in the state of Oklhaoma in 5 years. The person serving the papers told my mother that she need to sign as receipt of the papers. She did, but the next talked to a friend that told her she should contact the law firm (Love, Beal, and Nixon)and tell them that they did not "get good service" because the person named in the summons was not the person that signed. I never heard another word from them until yesterday when my mother received a court docket from the court clerk's office listing a case number and my name to appear in court July 8, for a status hearing. I'm not sure what I need to do....
That's not a valid reason to complain about the fact that they didn't get good service. Your mother sealed that one when she accepted service for you. Now you are hung into the case properly or not. You must answer that summons and complaint. The local court has jurisdiction until you challenge it properly. Even then you may have problems. Where do you live now? I think your best solution to the problem is to sue LB&N for their federal violation. Federal law says they must sue you in the county of your residence. You have 8 days before you must show up in court or they will get a default judgment against you and once they find out where you really live they will go to that state and file a motion with your local court to have it domesticated into your state and then you really are hung. I'd be certain to show up in court July 8th and argue the point that your mother signed the summons. Have her go with you and explain to the judge that she did not know she should not have signed that summons when you don't live at that address. Who is the judge in your case? I certainly hope you aren't going to small claims and get Judge Maclwee or judge Owens. You will take a real beating before either one. Especially Maclwee. She is a real bear cat. One thing you can do is file a motion for an extension of time. You should have responded to the summons long ago. Then I would file a federal case against LB&N and that stands an excellent chance to make the whole thing go away.
If it has been less than 30 days since the summons was served on your mother I would get a demand for validation off to the lawyer by certified mail right away. Your mother could file your motion for an extension of time for you. That would work to serve as a response unless it is denied. Actually I would prepare a response, a certificate of mailing your demand for validation and if you are not in small claims I would also send demand for admissions. If you are in small claims (less than $10,000)I'd suggest that you file a fdcpa complaint against them in District Court as well. That would move it to District court where you can use discovery. If you need help let me know. I'm not an attorney so I can't give you legal advice but I can help you in many other ways.
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