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Received note of attempt to deliver summons

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Nicegirl
Guest
Subject: Received note of attempt to deliver summons
 
 Posted on Sat Sep 27, 2008 3:35 pm  
A few weeks ago, I received a note on my door that says that someone attempted to deliver a summons. It just left a phone number, and no other information.

Do I have to call them, or should I wait for another attempt to deliver?
 
Nicegirl
Guest
 
 Posted on Sat Sep 27, 2008 3:41 pm  
Should I be sending a DV letter now?
 
goodnatured



Joined: 03 Nov 2007
goodnatured's page
Posts: 3137



5334 Magic Points
 
 Posted on Sun Sep 28, 2008 1:18 am  
You should always validate before you pay the debt that just makes sense, you need to make sure that they actually own it and that you actually owe it.
_________________
Goodnatured,

Trying to become and stay debt free, thank you for all your help and support!
 
fireyone



Joined: 26 Feb 2008
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Posts: 2871



2195 Magic Points
 
 Posted on Sun Sep 28, 2008 3:54 pm  
It keeps clicking and entering my response before I have finished it. What about respondine to the summons and calling the number. Has anyonme ever had this happen to them and what happens if they leave something like that on a door and it isn;t the right person? or say the person is really loving there but doesn;t call the number?
 
Mary

Mary

Joined: 06 Jul 2006
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Posts: 324



8704 Magic Points
 
 Posted on Mon Sep 29, 2008 12:41 pm  
Hi Nicegirl
You can definitely call them up to find out what the summon is for. It may be the case that a creditor may be giving you a warning that you need to pay back a debt, else he would be filing a summon. But before negotiating for any payment towards the debt, you should always send a debt validation letter by certified mail to check whether you actually owe the debt to the creditor or not.
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Where there's a will, there's a way !!
 
goodnatured



Joined: 03 Nov 2007
goodnatured's page
Posts: 3137



5334 Magic Points
 
 Posted on Mon Sep 29, 2008 2:13 pm  
You can let them know out of courtesy that you are sending the debt validation, you will then see what their intentions are, if they own the debt there should be no problem right?
_________________
Goodnatured,

Trying to become and stay debt free, thank you for all your help and support!
 
fireyone



Joined: 26 Feb 2008
fireyone's page
Posts: 2871



2195 Magic Points
 
 Posted on Mon Sep 29, 2008 11:13 pm  
Thats an idea. So they may just be giving a warning? Through a summons attempt? I would definately get the debt varification in any case since the fact is if they can not validate they can not collect.
 
Nicegirl
Guest
 
 Posted on Tue Sep 30, 2008 2:13 pm  
Thanks everyone. I was afraid to call them, because I don't want them to have my phone number, but i will send the DV letter and call them from a pay phone.
 
Justin

Justin

Joined: 17 Jul 2006
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Posts: 417



10874 Magic Points
 
 Posted on Wed Oct 01, 2008 5:58 am  
I think that this is much better. You can call them up from a pay phone and know for which debt they are calling you up. In the meanwhile, you can also pull out your credit report to find out whether the creditor that sent you the intend to sue letter, is listed in your credit report against any debt or not. Another thing is that validating the debt would mean that they must prove that the debt has been sold off to them by the creditor and now they are authorized to collect the debt.
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Best Wishes
Justin
 
anthony

anthony

Joined: 31 Jul 2006
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Posts: 493



12319 Magic Points
 
 Posted on Wed Oct 01, 2008 6:06 am  
Hi Nicegirl
Even if they validate the debt, you should also check whether the SOL in your state has expired or not. If the SOL on your debt has expired, there is no need to repay the debt because even if they take you to the court, you are not liable to pay off the debt and the court cannot even force you to do so. However, if they send you a summon after the SOL has expired, you should always file a response to the summon.
_________________
Anthony Marx

A positive attitude is not achieved by turning a blind eye to the negative, but rather by responding to every situation in the most positive way possible.
You can also visit my blog
http://financewatchonline.blogspot.com
 
fireyone



Joined: 26 Feb 2008
fireyone's page
Posts: 2871



2195 Magic Points
 
 Posted on Wed Oct 01, 2008 11:42 pm  
Nicegirl you are gtting lots of good advice here. I do like Justins idea of cvalling from a payphone. This is better so tehy can not get the number you are calling from and start harassing you. Anthony is right also please check your SOL. If it has expired do not make a payment...it is for your best interest and will restart the SOL clock. If they harass you just send them a cease and desist letter. There are plenty of examples here at the forum.
 
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