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apothaker and associates

Posts: 4
Credits: 513.8
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I was served by the sheriff with papers stating that i was being sued for old Providian debt. I checked the county court's website and seen my name. The sheriff advised that I had 20 days to respond. In the meantime a letter from Midland Management arrived in the mail stating the same debt and Apothaker has been calling my house. Should I speak with them about payment arrangements or should I receive something else stating a court date? Any advise is appreciated.




goldenbast


Debt Samaritan
Posts: 2885
Credits: 38049.13595291

Sub: #1 Could you give us more details about this debt, for example when
Mon, 09/01/2008 - 17:56

Could you give us more details about this debt, for example when did you last pay on it and what state do you live in so we can check and see if the account is SOL. Did Midland ever contact you before about this debt or is the summons the first you heard about it? If it is you can tell the judge that midland did not give you the legally required 30 days to dispute this debt and you can demand for all the validating documentation in the discovery phaze....but really we need more information to better help you.




Unregistered

Sub: #2 apothaker and associates
Sat, 09/06/2008 - 13:20

Thanks for yr reply. The last date of payment I believe was in mid 2005. I live in PA. I received the summons first; I received a letter from Midland a few days later. Also, the summons doesn't show a court date. I check with the county court, there's also no date although a judge has been assigned.




Unregistered

Sub: #3 The last date of payment I beleive was made in mid 2005. I live
Sat, 09/06/2008 - 13:25

The last date of payment I beleive was made in mid 2005. I live in PA. I was served with the summons first; the I received a letter from Midland a few days later. Also, the summons doesn't show a court date. I checked on the county courts website and although it shows my case listed; it doesn't provide a date although a judge has been assigned.




goldenbast


Debt Samaritan
Posts: 2885
Credits: 38049.13595291

Sub: #4 Sounds like it is still in SOL but as I said before, make sure t
Sat, 09/06/2008 - 14:50

Sounds like it is still in SOL but as I said before, make sure to answer but do NOT agree to anything, deny it all on the basis that you have not had a chance to check it out and tell the judge that the company did not give you the required 30 days to dispute, heck you can even counter sue for $1000 for that and require all the documentation in discovery.




atonywilk
Posts: 4
Credits: 513.8

Sub: #5 thanks again. so i should be getting served with a court date or
Sat, 09/06/2008 - 17:08

thanks again. so i should be getting served with a court date or can they proceed without notice. Also, would it be too late to attempt to make ctc with apothekar. Finally, how can I answer this summons. Is there a sample letter?




goldenbast


Debt Samaritan
Posts: 2885
Credits: 38049.13595291

Sub: #6 The summons was notice...didn't it come with a set of questions?
Sun, 09/07/2008 - 17:16

The summons was notice...didn't it come with a set of questions? You should answer the questions with agree/disagree/Insufficient information to agree or disagree.....personally you should answer anything even remotely talking about the debt as 'Insufficient Information to agree or disagree' since they did not even give you a chance to dispute it. You should call your country clerk and ask them how you go about filing a counterclaim and do so, based on not giving you the 30 day notice. You might even be able to nail them for not having given you 'this is from a debt collector' spiel that ALL first contact is supposed to have.




atonywilk
Posts: 4
Credits: 513.8

Sub: #7 What's the difference between a summons and a notice to defend.
Tue, 09/09/2008 - 06:58

What's the difference between a summons and a notice to defend. It appears what I was served was a civil court cover sheet, a notice to defend - civil ( with 20 days to respond ) and the complaint itself. It did not come with a set of questions. Nor was there a date to appear. I though that when you were served; you were given a date to appear.




goldenbast


Debt Samaritan
Posts: 2885
Credits: 38049.13595291

Sub: #8 I am not sure what the difference is, someone should come around
Tue, 09/09/2008 - 08:14

I am not sure what the difference is, someone should come around who may know for sure. You might still want to call the courthouse and ask them how to respond if you intend to countersue and that you deny the complaint.

I would assume that once you respond, you would then have a date set, but again you should ask the court about that as well.




Unregistered

Sub: #9 Apothaker & Associates
Tue, 10/21/2008 - 07:11

I received a summons to defend myself in a suite brought against me by Apothaker and Assoc. for a debt that is at least four years old. I sent a letter to them that the SOL is over four years and that if they didn't drop the suite that I will be forced to notify the State Attorney General for violating the fdcpa and the Federal Trade Commision with a fine of $1,000 for the violation. Unfortunately, I haven't heard that they dropped the claim and I can't seem to get in touch with the Municipal Court in Philadelphia, PA. The court date is 10/22/08 (tomorrow) and I am not sure what to do.
Help????




paulmergel


Posts: 15508
Credits: 135775.35056893

Sub: #10 reply
Tue, 10/21/2008 - 07:28

you show up to court and request that the suite be dismissed.that is if it is past SOL.if so use the SOL as your defense,but show up.that is better than a default judgement.

giving hope to the hopeless,help to the helpless,and hap to the hapless.




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