Collections Law/Court Summons

Advertisement

Expert: Creditwrench - 3/16/2010


Question
I received a summons and complaint from a law firm for a debt collection.  I checked with my local County court house and it has not been filed with them.  The file number on the court papers is the case number for the company, not any court generated number.  At the bottom of the court paper it states that "The firm is a debt collector. It is an attempt to collect a debt...."   Is this a valid suit or a scare tactic?  I have approximately 8 days to reply to the summons/complaint.  Any assistance is greatly appreciated.

Answer
Then they have sent you a false legal document. I'm surprised that a lawyer would pull such a stupid stunt. I've heard of debt collectors doing that kind of thing but never a lawyer. It is highly illegal for them to serve you with a sham legal process like that. You should sue them in federal court for doing that. Was this the first communication from them or have they sent you other letters in the past? If so, how long ago? Lots of things seem fishy to me so I'd get back with the clerk of the court to see if that thing has been filed with the court as of yet. Then call me at (405) 237 2174 and lets see where to go from there.  

Collections Law

All Answers

Answers by Expert:

Ask Experts

Volunteer

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.