Can i still ask for proof of debt after they have entered a

Submitted by adrock_31 on Tue, 06/09/2009 - 00:38
Forums

I'm not sure if i can still ask for proof of debt. I have had papers sent to me , given me 10 days to respond or the judgment will be entered against me by default.
I dont know anything about this kind of stuff and I cant afford a lawyer . This debt collection served me papers by a sheriff last year , now all of a sudden they send me these papers saying ( its confusing) judgment has been entered against me by default of an answer. Then the last page says if i dont respond in 10 days a judgment may be entered against me without a hearing. Im so confused. what is my next step. any help is much appreciated.

annie12 (not verified)

Hi adrock,

Can you tell me is it a credit card debt or installment loan debt? If you have only 10 days to respond to the court summons, there is no use asking for a debt validation. The process of debt validation requires almost 30 days. So, I would suggest that you file an answer to the summons. On the day of hearing, you can request the court to give you some time, to validate the debt.

Tue, 06/09/2009 - 04:01 Permalink
Vickie (not verified)

This is a creadit card debt from 2002 it has been passed through many collections. it is now Appothaker and associates who is coming after me. this doesnt seem like a summons, there is no court date just paper saying if i dont respond with a lawyer in 10 days the judgement will be entered against me for almost 6,000 , the original debt was only 2,000. They dont seem to have much paper work on my debt, only there papers stating i owe this rediculous amount. This collection agency seems to run out of nj and im in pa. im getting a bit worried as i cant afford a lawyer.

Tue, 06/09/2009 - 10:37 Permalink

Hi adrock,

It is possible that the collection agency is threatening to sue you. CAs often try this tactics, to scare debtors into paying their dues. I would suggest that you check the SOL period of the debt. As far as I know, the SOL period for credit card debt in PA is 4 years. A CA cannot bring judgment against you, if the SOL period has expired.

If the CA continues to harass you by sending papers threatening to sue, you can send them a Cease and Desist letter. This letter will stop them from further contacting you. To remove the debt account from your credit report, you will have to dispute with the credit bureaus. You will find a sample "Dispute Letter" in the Letters of Credit section.

Wed, 06/10/2009 - 03:25 Permalink

thank you i will check the sol first then send out the cease and disist letter. im pretty sure i havent paid anything since 2002.

Wed, 06/10/2009 - 12:44 Permalink

Ok i sent out the cease and disist letter a day ago , and today i got a new letter from them, now the 10 days arent up from the first letters they sent. I got this today.
It says that a judgement has been entered against me in the court of common please on may 18 in the amount ect and remains due and unpaid. attached is a list of 10 interrogatories that court rules require you to answer in 30 days. If you do not answer the attached questions within the time rquired the opposing part may file a motion to order the court to impose punishment for contempt.
basically it gives me a page claiming all my assests, bank accounts ect. Of course now im even more scared. does the cease and disist letter not apply anymore once they get it this week? do i need to get a lawyer ?
i have to say i dont own a house , i dont own a car, i dont even have a bank account right now. so basically they cant get anything from me , i dont have anything to take. and what does the punishment include ?
any help would be much appreciated.
I live in pa and this debt is from 2002 and i have not paid since then.
Im also dealing with the CA Appothaker and Associates ,PC if that helps.
Vickie

Sat, 06/13/2009 - 20:21 Permalink

whats weird is the papers arent legal looking just white paper with the ca stuff on them.

Sun, 06/14/2009 - 10:44 Permalink
jpc1961 (not verified)

this is a shady way of making your believe that you have actually been sued by a legitimate court of law and i have seen this before. i'd report them to the ftc and ignore anything they send you unless you can actually verify that the papers are from a court of law that should have been sent to you from the courts.

Mon, 06/29/2009 - 20:29 Permalink
RyanC882 (not verified)

Get a lawyer, and stop getting your legal advice from people on this forum, who as far as I can tell are not lawyers. (I actually am a lawyer). Ignoring legal papers is a terrible idea. Courts generally do not send you legal documents, they often rely on the opposing party to do so. If you can't afford a lawyer call the local Bar association and they can put you in touch with pro bono (free) legal services.

Tue, 08/04/2009 - 18:51 Permalink

after sending an answer to a motion and requesting debt verification from CA; i received a court date from the court; and i received a package from the CA that include interrogation questions that i have to answer; and debt settlement agreement for amount less than original balance.
if i choose to send the payment to settle; do i still have to answer the interogation questions?
or would those be null since i chose to settle.
do i have to send any further papers to the court since i won't be attending the court date? i dont want to be in default.
would the CA file a dismissal according to the agreement?
i appreciate all your help. thanks

Tue, 09/22/2009 - 14:26 Permalink