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Collections Law/Summons from credit card debt

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Expert: Creditwrench - 5/4/2010


Question
I received a summons from a Law office to change the date on a debt collection to "show cause" but I never received a subpeona.  I was never served but when I checked the case number online there was a court date set for a judgement hearing.  They claimed that they served me but I never received anything so I can't defend myself.  Should I go to that judgement hearing?  What should I do and what are my options?

Answer
You need to go to the office of the clerk of the court and ask to see your public record. Find the judgment and the case number then ask to see all the documents in the file. Check the certificate of summons return and see how it claims you were served. Then you can go from there.

Until you do that neither you nor I can have any realistic idea of how to proceed. So do that and get back to me.

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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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