I live in NC and just recieved a summons from an attorney representing a Collections Agency for a $6100 debt from a default credit card account that I had. I have not answered the summons but definately will within the 30 day time period I was given since I don't want this to be a default judgement in their favor.
Now my questions...... With this summons, there was a "copy" of a past due statement from 2 years ago stating I owe $6100. The amount "seems" somewhat accurate but I can't be for sure. Can I ask them to valadate the account with more info such as my payment history, monthly balances, purchases, etc???? If I can ask them this info, how do I go about doing it the right way? Do I send it with my answers on the summons or do I need to file some kind of special paperwork for this info or both.
Also, how do I go about verifying that the collection agency actually owns this account now?
and last, Is this a good time to try and settle for a lesser amount on the summons or should I wait till it goes to court just incase they can't validate the balance owed with my past balances and payment history???
Hi linknc,
Yes, you are entitled to send a debt validation letter to the CA since you have every right to know about the details of your debt. Always send it via certified mail. However, I would suggest you to reply to the court summons as well. Now that you have a summons from the court, do not forget to send a copy of the debt validation letter to the court as well along with the return receipt proof. You don't need to file anything special for this. Once, you have asked the CA to validate your debt, you will come to know whether or not the agency owns your debt.
If they are unable to validate your debt, then you do not have to appear in court, since you will be no more liable to pay off the debt.
Before answering the last question, I would like to ask you, how much time do you have before court appearance? If you have a considerable amount of time then, try and settle the debt with the CA. Normally, the CA will not want to go to court, since there is a fee involved. State your case clearly to them and tell them how much you can pay. If they agree, good for you. Otherwise you shall have to wait for the court date.
Hey linknc,
I agree with Justin that you have the right to validate your debt even after you have received a summons from the court. However, I think that if the CA is unable to prove the debt, then you do not have to pay back anything. But, you need to appear in court so that you can explain the entire situation to the court. You must let the court know that the CAa was unable to validate the debt. to be able to do this your presence in the court is absolutely necessary.
Lead a debt free life!!
Simon Hill
Summons Start time
I was served with a summons on the July 17th but the papers were filed June 18. The time to reply is 30 days. When does the clock start?
summons time
Hi ColaSC,
The time starts from the day you were served. Still, you can ask about this from the court clerk.
Thanks,
Aaron