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When I got my first credit card, I was so excited. Little did I know that I had a pretty high balance on my card and after I starting paying it, I did not receive any statements, so I just thought it went away. Now I got served a Summons in the mail and now I don't know what to do.
Somehow, wether it be through an attorney or yourself. you need to answer the summons or they would win by default.
How can you think it just went a way, you probably should have called them when you did not get a statement on the account after a month or two.
Can you prove they did not send you statemnts, what does the origianl cretor say about this.
Hi alycia,
You need to reply to the summons in the first place. Otherwise the creditor might get a default judgment against you. Goodnatured is right. You should have called the creditor to inquire about the statements. If you get a court date, do appear in court and put your point forward to the judge.
Yes, except goodnatured must have been half a sleep typing, sorry about the typo's, my goodness.
You will need to take care of this and work something out or they will more than likely pursue the summons. Normally, you can work it out with them before you go to court. Right now they hold the leverage but my thoughts are they will be willing to work something out, they don't like to go to court either.
who is the summons from the original creditor or a collection agency? How old is the debt? and what state are you from, there are somethings that should be checked out. Like statute of limitations, debt validation and etc. Please leave this information and someone will check this all out for you.
I would definatley check your credit report and see when the debt first went deliquent. If you pull your report you will see the original creditors account listing. Look and see when they list the debt as thirty days late. Figure out how much time has passed and then llok up your states statute of limitations. You can also list your state here and we can provide you with the information.
Hi Alycia,
Yes, I think a debt validation letter would help since this will let you know how old the debt is and if the agency sending you the summons is authorized to collect the money. Also check the SOL, the debt is past SOL then you might not have to appear in court. You can also show proof in court that you had asked for debt validation, but the agency did not respond.
I see you said in the above post that a debt validation letter would show how old the debt is. So they actually show you the date of the debt? I have heard of people just getting copies of bills as validation. I have always assumed (and told people here) this is not proper validation. Does proper validation always include a copy of the original contract?