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Collections Law/Summons for small claims court for a credit card.
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Question
I received a summons last week for a credit card. i have been dealing with a credit consolidation company and it really does not seem to be working. My question is I just started a new job and will be out of town and will not be able to go to the small claims hearing. Do I contact the collection agency and try to come up with a payment plan. The thing about it I never received any letter stating they were taking me to small claims court. Do I try to get an extension on the court date. My biggest worry is I will be terminated from my job. What are my options. any help would be great.
You are in a bad shape indeed. Just being in small claims court is a disaster in and of itself because you can't use discovery. If I were in your shoes I'd file a response to the complaint, send a demand for validation of the debt to the plaintiff's lawyer and see what happens with that. Once they receive your demand for validation they can't do anything further with the case until they provide you with a full and complete accounting of the debt. If they do then they violate federal law and you can sue them for that wherever you are. That's the way to get around your problems. That's for sure.
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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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