Subject: How do I respond to a Civil Action filing?
Mon Apr 12, 2010 3:55 pm
I have 20 days to respond to law firm XYZ from day summons papers were received (4/6/10)
I called the court prothonotary, they don't know what I should do. I don't have a lawyer because I can't afford one.
Quick history, this debt was charged off in 12/09 and picked up by a bottom feeding law firm in Phila., they are "suing" me on behalf of Chase. The amount is wrong, and I want to defend myself, obviously I can't pay what they say I owe, but it pisses me off that this firm has added 4K to the bottom line of said original debt and I think these people should NOT be allowed to get away with this crap.
I am not admitting to any responsibility, I just want to notify them within the 20 day window that I have received paperwork so I don't default.
How should I proceed, go to courthouse and file paperwork? This is such a maze. :-/ Thanks to cinnamingurl for the links.
You have to reply with any paperwork to your courthouse to show that they should not bring a judgement. If the debt is charged off they can still legally sue you to pay this debt only up to the date of the statue of limitations. In Pa the Statue of limitations (SOL) to collect a debt is four years from the dat of the first delinquincy, and NC is three years. This means they can't collect a debt after this time, but it can remAIN ON YOUR CREDIT RECORD FOR UP TO SEVEN YEARS. My advise is to send them a letter, certified and request somekind of payment arrangement to pay this debt if it is yours. You can also ask them for a letter of validation as well. See helpful letters of credit on the left side of this page. Good luck! Let me know how you make out.
as to how to file pro se against this "law firm" and I am seeking legal referral from county bar. I am not admitting to anything because I know this firm bought the debt as junk (Chase charged off in Dec.) plus I have no means to pay. Unemployed, freshly divorced. I just don't want to have to declare bankruptcy, but who knows maybe that might be an easier option? IDK. I am off to the courthouse after I hear from a lawyer.
First and foremost, as you have been served with summons you need to answer to that within the stipulated time limit. Else the collection agency will be able to win a default judgment against you. To answer to the summons, visit the court house where the summons has been filed. Request the court clerk to help you in answering to the summons.
From the court check the details of the debt. As a case has already been filed in the court. the court will have the details of the debt. From there you will come to know if they really has the authority to collect the debt from you, and what is the debt amount. If you realize that the agency is trying to collect more money than what you owe, you can counter sue them. For that it is better to consult an attorney.
Your personal details (name, email address and phone number) will be delivered to the company advertised on the Creditmagic after ve agreed to go for the counseling session by filling out the no-obligation form. However, it is your discretion to accept or reject their services.
Not all the creditors/debt collectors agree to trim down the outstanding balances, interests, and fees payable by the consumer.
Consumers working with the debt relief companies can still be sued by the creditors/collection agencies.
Debt relief services may have a diminishing effect on the creditworthiness of the consumer. The total outstanding balance may increase as the additional fees get accrued.
The overall amount saved by the consumer through the debt relief services is considered as taxable income by the IRS.