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I received a summons the other day and am not sure how to respond. I have been making small payments to the original creditor and they have been accepting them. The summons I got was from the collection agency and does not have a court date. I owe the debt of about $1600. Since it is the collection agency sueing me should I make them validate the debt. Should I try to settle with them? I really don't have much money to work with probably $100 a month max. I'm also afraid to call them because they always bully me. What should I do?




Was this account sold to the collection agency? If so why are you making payments to the OC? Are you sure that the summons is real? Check with your local County clerks office to make certain. Some collection agencies send out phony summons.

Sub: #1 posted on Sat, 08/16/2008 - 13:37

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I believe the CA is just managing it because when I talked to the original creditor they told me that they cashed the check and forwarded the info to the CA. But I really dont know for sure. I checked with the County office and it is real.

Sub: #2 posted on Sat, 08/16/2008 - 16:50

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Be sure to answer the summons and go to court. Bring your proof that you have been making payments to show to the judge.

Sub: #3 posted on Sat, 08/16/2008 - 17:44

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good advice guest,yes do as guest advises.i don't see if you show up,present proof of payments the judge will rule in the CA'S favor.

Sub: #4 posted on Sat, 08/16/2008 - 19:07

paulmergel paulmergel
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(Posts: 15506 | Credits: 1356.56)

here's a thought though--if the OC still had the account, wouldnt they be the listed plaintiff on the summons? I mean, how can a CA be the plaintiff when they dont own the debt?

Sub: #5 posted on Sun, 08/17/2008 - 00:28

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I wouldn't call them, I would simply send them a validation request, that is your right. You need proof that this CA has the authority to collect this debt, so ask for proof. Anyone could send you a collection letter, makes sure they either own this debt, or are assigned to it by the original creditor. :)

Sub: #6 posted on Sun, 08/17/2008 - 00:54

Shazzers Shazzers
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Can I send them a validation request after I have already been summonsed?
Also reading the complaint part of this is confusing. At the top of the page it has the name of the CA and below it is listed
2. defendent entered into a contract for a revolving credit account, "the account" with GE Money bank.
3. Plaintiff is the successor in interest of said account having purchased said Account in good faith, for value and in the ordinary course of business.

Sub: #7 posted on Sun, 08/17/2008 - 07:21

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That sounds like the CA is saying they own the account, but didn't the OC say they still own the account? You can't DV once a summons has been sent, but you can request all documentation in discovery...plus there has been some posts about CAs using a summons as an initial communication and therefore denying you your right to dispute...has this CA ever sent you any letters before you got the summons? I think it is called overshadowing.....you might be able to slap them over that if this is the first you ever heard about this CA.

Either way, it seems very fishy that the CA has been cashing the checks and all of a sudden a CA (not the OC) is suing you....that doesn't seem quite right...

Sub: #8 posted on Sun, 08/17/2008 - 12:02

goldenbast goldenbast
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I believe the OC are the ones cashing the checks. I make the checks out to GE Moneybank and on the back of the cancelled check it it says GEMB followed by a bunch of numbers. I honestly don't know who owns this account. Yes the CA did send me a letter back in May at the time I thought that since I was making an attempt to pay the debt I would be fine. Should I just call the lawyer on the summons and try to come up with a settlement even though I don't have much money to work with.

Sub: #9 posted on Sun, 08/17/2008 - 18:31

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Couple points here. CA's don't buy debts, JDB's buy debts. CA's also have no standing to sue so it is either GEMB or a JDB suing. Since you already have received a summons, a DV at this point is not where you need to focus. Focus on answering the complaint. Any validation requests will now have to follow the RCP governing Discovery and Production of Documents requests. How is this reported on your credit reports?

Sub: #10 posted on Sun, 08/17/2008 - 23:22

NASCAR_Devil NASCAR_Devil
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