You are here:

Collections Law/How to get statements from collection agency

Advertisement

Expert: Creditwrench - 9/5/2009


Question
Will try and be brief, but its a long story.

Have been working with debt relief agency for almost 4 years.
Two accounts have been settled.
The last one has served me with a complaint from law firm that is 300+ miles from me and I have filed response.
This makes I think the 5th collection agency to have access to my INFO.

Close family member charged a huge amount on 10 different cc.

I have offered to settle, but they won't accept what is offered and I have no other funds or places to borrow more money.

Not even sure that the amount owed is correct as I never received the statements.

Do I have to wait till court date is set to ask for some sort of statements or papers?
Or can I request statements now?
TIA

Answer

click here to enlarge
Tia? Anna? Are you Hispanic? Both are common names in Spanish. If so then you know that Tia means "Aunt" in English. Anna used to be a fairly common name in English many years ago but not much used any more. It is still very prevalent in Mexico. That is why I asked, not that it makes any difference here. I am pretty fluent in both languages. Ok. So on to your questions. You have received a summons and complaint from a lawfirm 300 miles away but did they file it in your county or in a county where the law firm is located? That can be important. You say you filed a response. What exactly did your response say? Did you mail a copy to the plaintiff's attorney as well as filing it with the court? You were supposed to do both.
You can demand statements now through the discovery process.
    Questioner's Rating
    Rating(1-10)Knowledgeability = 10Clarity of Response = 10Politeness = 10
    CommentTIA-Thanks in advance. I have done all that and it is in my county. Just needed to know should I request discovery now instead of waiting for court date to be set. Thank You again, Anna


  • Add to this Answer
  • Ask a Question

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.

©2012 About.com, a part of The New York Times Company. All rights reserved.