If you are being sued by a junk debt buyer and they have attached the original contract from the original creditor, your next step is to get them to prove that they own the debt. First and foremost: What do you consider the “original contract” to be? Is this the contract that you signed? Or […]
A Summons is addressed to a defendant in a legal proceeding. The Summons will announce to the person to whom it is directed that a legal proceeding has been started against that person, and that a file has been started in the court records. The Summons announces a date by which the defendant(s) must either […]
Start by thinking like a junk debt buyer. They’ve got literally hundreds of thousands of defaulted credit card accounts in their possession. You, to them, are just a number. They don’t care what they do or how they do it. They just want to make thousands of dollars off of the pennies they paid on […]
Some courts will have forms for you at the courthouse while others will have forms for you on your court’s website. However, most do not. You should Google your state, and then search for ‘court forms to answer summons’ and see for yourself. You can also call your county clerk’s office and ask if there […]
Should you do it? Absolutely. I was just like you, got served, was scared to death and didn’t know what to do. No lawyers would call me back either. Plus, I couldn’t afford one anyway. Just because I couldn’t get a lawyer didn’t mean I had to lose this case. I had no idea what […]
Below is a real sample of the summons and complaint that I received from LVNV Funding.
This company is claiming to be the assignee of Providian and claiming I owe them all this money. Where is the proof of that? You cannot just simply state that without any evidence to back it up, even I knew that. That’s like someone coming to your door and telling you that you owe them […]
After you answer your summons, it would be wise to go to the court house and file it with the court. Be sure to make a copy of your answers, and send that off to the plaintiff. Since you have answered your summons in a timely fashion, the plaintiff cannot request a default judgment. Moreover, […]
Well done for taking notice of the fact that the plaintiff did not attach the original contract to the summons/complaint. Now you are off to a good start. Google your state’s rules of trial procedure. Look under ‘written instruments’ or ‘pleading special matters’ and look again for either ‘written instruments’ or ‘pleading and proof of […]
Interrogatories are a set of questions that the junk debt buyer will ask you to find out more information. In reality, they hope that their questions will trip you up and get you to admit to the debt so that they can file a default judgment. They will ask you questions about your bank account, […]