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Collections Law/Summons/Notice to appear for pretrial conference/mediation
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Question
Received a summons/notice last night for a past credit card debt. It states to show up, do not bring a witness and have full authority to settle the debt. It doesn't ask me to provide a written response. I doubt the debt is older then 5 years - and it is mine. I stopped paying because I was laid-off, got cancer and when I did try to work with them, they were rude, intimidating, and didn't back up agreements in writing. So, what should I do? Should I try to settle for less then the actual debt of $4816, which I'm sure that half is from penalties and high interest rates. Any help is appreciated.
Well, the first question has to be whether this is the first communication you have had from the attorney law firm who has filed the lawsuit. If so you need to send a demand for validation and of course you should also prepare a response to the summons and complaint as well as preparing and sending a certificate of mailing and your demand for admissions. You would need to file the response with the court and send copies of all of the above documents to the plaintiff's attorney. If you don't know how to do those things I would suggest that you become a student and let me teach you the proper ways to do those things. If you wish to do that you can reach me at (405) 237-2174
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Answers by Expert:
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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