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Collections Law/Received a summons re: charged off account

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Expert: Creditwrench - 2/23/2010


Question
I just received a summons from an atty for a charged off account that is more than 6 yrs old (I believe the statue of limitations for GA is 6 yrs)yesterday and the server told me I have 30 days to respond and to call the atty. Before I did that, I want to know the best course of action and what can I expect prior to making the call. I welcome your speedy feedback!

Answer
What can you expect from a call to the attorney? Dumb answers and lots of nonsense and guff. Don't call them. If you can prove that your debt is outside the statute of limitations then file a motion to dismiss. When did you get that summons? Was that the first communication you ever had with the lawyer? How can you prove that the debt is outside of SOL? When did you make your last payment to the creditor? When did they file? All those are important questions.  

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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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