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Question
I received a summons from Aset Acceptance, LLC. for a previous debt.  The summons was stamped with the name of the attorney for the plaintiff.  Not a stamp signature, but just the persons name. Also the Complaint has the statement "I am a debt collector attempting to collect a debt....."  I will respond to the complaint summons, but do I have an recourse for dismissal for them not signing the actual document and including that clause on supposed court documents?  I have been unable to find specific law regarding this in my state of South Dakota.
Thank you for any assistance.

Answer
In all likelihood the summons you got was a copy of the one filed with the Court. The one filed with the Court is the "official" one and that was signed. Copies generally need not be signed, and on the copy it will probably show the symbol "/s/" which means "Original signed by" and then the symbol will usually have the attorney's name typed in, like "/s/ JOHN SHYSTER, ATTORNEY AT LAW".

I suggest you learn how to fight this lawsuit. You won't win on this argument. Several years ago I set up a site - www.debtorboards.com - that shows you what your rights under law are and how to fight a creditor lawsuit. Debtorboards is free to use, and I suggest you pay a visit there.

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Steve Katz

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Debt Collection, Credit Reporting, FCRA, FDCPA, TCPA issues

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Founder of Debtorboards, co-author of Debtsmanship, former Collector, Credit Counselor

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MBA

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