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No collections notices; suddenly a summons to court for a debt

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I received a summons in person yesterday 3/6/2011 from attorney's office, Farrell & Seldin, Centenniel, Colorado, saying I owe $1846.00 to a Midland Credit Management, Inc (claiming the original creditor is Chase). I have never received any documents saying I owed this money nor did I even have the opportunity to send a validation letter. If I had recieved any sort of notification from them, I certainly have enough knowledge and sense to have sent a validation letter to them immediately.

Now, I have a summons (of course they haven't filed it with the courts yet because I've heard they wait to see what you'll do to save them the expense), but I know it's serious enough. I have not contacted them yet in hopes I could get some advice first on how best to handle this. I have heard once they summons you, the validation process is moot. But what if I've never recieved anything from a Midland Credit Management regarding a Chase account, or any account? Can I still send a validation letter?

I would like to try and just settle to get them off my back and would have done so prior if I had known they were looking for me, but I want to confirm first that they actually own this debt and haven't just snooped it out of public records claiming I now owe them. I received about $300 from my Colorado tax return and I would like to just give this to them since it's all I have. I've had a run of bad luck and have been living pay check to pay check. I don't have family to borrow from so that is not a possibility.

Any suggestions on the best steps to take regarding this? I think it's extremely unfair that they have given me no opportunity to contest this and validate the claim and have gone straight to a summons and complaint. So what? They get to skip the whole notification process now to avoid having to validate their claims?




goldenbast


Debt Samaritan
Posts: 2885
Credits: 38049.53595291

Sub: #1 So they haven't actually filed in court, there is no case number
Mon, 03/07/2011 - 10:30

So they haven't actually filed in court, there is no case number? Check with the county clerk to be sure....but if there is no case filed yet you should immediately send a DV...I would pay to send it next day just so they can't hurry and file, and make sure you have some sort of receipt proof so you have concrete proof of when they got it.

IF they have filed then simply send in your answer denying their claims. The summons should list a set of statements..you want to agree/deny or answer without sufficient information to agree or deny.

Then during discovery you can demand all the documented proof such as a signed contract/agreement, final statement and something that proves they are the legal entity to collect from you. Since they obviously have bought the debt, they better be able to prove it....and watch out for something that just lists they bought a bunch of accounts from Chase...if it doesn't have your name or the account number, than it is not proof at all. Also watch out for affidavits. You can object to these as hearsay.




kdestef
Posts: 44
Credits: 1819.25

Sub: #2 Yes, I have dealt with Arrow Financial on claims such as these b
Mon, 03/07/2011 - 12:48

Yes, I have dealt with Arrow Financial on claims such as these before. They tried to show me that a general letter stating they bought a bunch of debts from Bank of America was validation that they owned my debt. Arrow Financial lost and dismissed the case with predjudice. The summons Ferrell & Seldin served me had no case number and therefore tells me they have not even filed yet; I'll check to be sure with the courts first. I have asked a clerk of court how they can do this, she stated that often law firms will draw up the paperwork, try to scare you with a summons when all along they haven't even filed it yet, just trying to save themselves the money. Arrow did this with me. They served me, I filed my answer before they actually filed it with the court. When they realized I filed my responses they proceeded to call my bluff. In the end they lost though, because JDB's simply cannot come up with adequate paperwork proving they really own the debt; usually they don't. I've already created my DV and added that this was the first I've heard of this debt and am entitled to a validation process. Going to send it now. We'll see if they are as stupid as Arrow Financial...thanks Goldenblast.




goldenbast


Debt Samaritan
Posts: 2885
Credits: 38049.53595291

Sub: #3 Great! You seem to be on top of this!
Tue, 03/08/2011 - 06:08

Great! You seem to be on top of this!




kdestef
Posts: 44
Credits: 1819.25

Sub: #4 Hi Goldenblast, So I checked with the courts the same day we c
Mon, 03/21/2011 - 13:30

Hi Goldenblast,

So I checked with the courts the same day we communicated on the 3/7/2011 and found that the law firm had in fact NOT filed their summons that was served to me on 3/6/2011.

I sent my DV certified mail with a return receipt on 3/7/2011. I received the return receipt card stating that it was received and signed for on 3/8/2011. I hadn't heard anything from them, so I called the clerk of courts this morning. Ferrell and Seldin went ahead and filed the summons on 3/16/2011; 1 week after they received my DV!

Do I have any recourse? I was told that technically their actions could be construed as violating the FDCPA regulations and could potentially file suit against them. Personally, I don't have the funds to go hiring attorney's or I wouldn't be dealing with this situation via the forums. Since they filed, do I still need to file my response to the summons? What steps would you suggest I take? If I have to, I have used an attorney in the past, but he usually requires $600 up front and I just had to give basically all my savings to keep my son in school so I am SOL in that department for now.

Any help you could provide would be great! Thanks!
kdestef




SOAPLADY


Debt Samaritan
Posts: 17211
Credits: 474637.03869987

Sub: #5 You dont need funds to hire an NACA attorney...they will work on
Mon, 03/21/2011 - 13:51

You dont need funds to hire an NACA attorney...they will work on contingency. http://www.naca.net/




goldenbast


Debt Samaritan
Posts: 2885
Credits: 38049.53595291

Sub: #6 Yes as Soaplady said, NACA are good for this. If for some reaso
Mon, 03/21/2011 - 17:21

Yes as Soaplady said, NACA are good for this. If for some reason you can't find a lawyer to represent you you can represent yourself Pro se. YES file your answer! You can also in your answers and affirmative defenses add in a counter suit for violations.




kdestef
Posts: 44
Credits: 1819.25

Sub: #7 Thanks Soaplady and Goldenblast, I've found a NACA attorney in D
Tue, 03/22/2011 - 08:15

Thanks Soaplady and Goldenblast, I've found a NACA attorney in Denver, so I'm going to contact them to see what can be done. Their filing despite my DV almost seems like a retalitory action rather than fair collection practices. It's not that I'm unwilling to work with them, just give me what I ask for and I will work with you. Amazing.

kdestef




goldenbast


Debt Samaritan
Posts: 2885
Credits: 38049.53595291

Sub: #8 Yes this is a classic tactic. Let us know how it turns out.
Tue, 03/22/2011 - 08:18

Yes this is a classic tactic. Let us know how it turns out.




kdestef
Posts: 44
Credits: 1819.25

Sub: #9 I certainly will. Thank you both for your suggestions! kdestef
Tue, 03/22/2011 - 08:30

I certainly will. Thank you both for your suggestions!

kdestef




Unregistered

Sub: #10 What does DV mean? My husband was served yesterday 3/27and we ar
Mon, 03/28/2011 - 08:57

What does DV mean? My husband was served yesterday 3/27and we are really stunned since we too never received previous notice of collections from this company. Any advice on how to proceed would be GREATLY appreciated. We have no idea what any of these legal terms are. We dont want to agree verbally to anything and we dont want to "not resspond" to the summons either. HELP!!!




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