summons

Submitted by harmsway on Wed, 06/30/2010 - 16:42
Forums

I have a question. I received a summons and am responding to it as per the advice on your website.
mine has the original cc company named as the plaintiff but it is from an attorney
in small print at the bottom it says it is from a debt collector and is an attempt to collect a debt
so is this from a collection agency or the original cc company... i'm not sure. can anyone help
also there is no court file # just says district court second judicial dist. who do i send it to

Does it have a court date? if not I would treat it as a dunning letter and send a DV immediately. even if it does have a date, send the DV

Wed, 06/30/2010 - 16:51 Permalink

it has no court date or court filing number but it does say I have 20 days to respond and I am putting the dv in the mail certified today

Wed, 06/30/2010 - 16:55 Permalink

this is is actually a violation of federal law. good I am glad you are sending the DV.

What state do you live in?
how old is this debt?
who is the original creditor? US Bank
Is the negative tradeline a Collection Agency or the Original Creditor?

I would also file a complaint with your AG and the OCC. You have 30 days from receiving the first letter to request Debt Validation. it is illegal to send official looking forms to deceive you into thinking that the court or the police will do something to you.

Wed, 06/30/2010 - 17:14 Permalink

At the very top it says state of minnesota, county of ramsey, comsumer credit contract, district court, second judicial district

in the box on the left it says US bank National Association ND plaintiff vs. me as defendant
on right side it says summons under that it says court file number.
it was not even dated but handed as a summons with no date at all my hubby just kept track of the date he received it ( i was out of town at the time)

there are no dates except it says that i am required to serve upon the attorneys within twenty days after service of summons but there is no court info except what is listed at the top. then comes a list of allegations and included was a copy of the cardmember agreement with no signature or anything. It was sent by an attorney firm and at the bottom it says this communication is from a debt collector and is an attempt to collect a debt. Original creditor is US bank and I stopped payment december 08 when my husband got cancer and I could no longer pay it

Wed, 06/30/2010 - 18:08 Permalink

there are no file numbers or anything I have contacted ramsey county to find out where I send my response since there is no court file #.... so because US bank is named as the plaintiff is the attorney a debt collector? I'm not sure

Wed, 06/30/2010 - 18:11 Permalink

i did talk to the court and they said nothing has been filed. In mn you can serve a summons without actually filing with the court is what she told me. I guess they are waiting to see what my response is I am also sending out the dv today with my response and keeping copies of each so that when and if they file with the court I know when each was sent and I can also send a copy to the court.

Wed, 06/30/2010 - 18:41 Permalink

The OCC is the Office of the Comptroller of the Currency. File a complaint with them against US Bank.

File a complaint against the attorney/collection agent with your Attorney General.

Wed, 06/30/2010 - 18:53 Permalink
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Wed, 08/06/2014 - 07:10 Permalink