Answering A Summons. What else should I do?

Submitted by michael_stangl84 on Wed, 05/06/2009 - 06:52
Forums

I've been summoned to court for my Washinton Mutual account. The amount is 1,475, plus they want interest and attorney fees. I'm preparing to answer the summons in a day or two, but I was wondering if I should also ask for debt validation while I'm at it. Or can I/should I call the attorney's office and try to settle before it goes to court? It's within the SOL still and the account has been bought by a junk debt collector and now seems to be through an attorney's office.

rachael (not verified)

Hi michael

In my opinion, asking for debt validation could be of help.There is no way for a junk debt collector to prove, that you owe him money because there is only an assignment of the debt given to him and not a contract between you and the creditor. Even if he has purchased the account, it does not make him the original creditor. He is still a debt collector and covered by the FDCPA.

Wed, 05/06/2009 - 07:34 Permalink
Anonymous (not verified)

So debt validation could say that I'm not contractually obligated to pay the debt collector and my case could be thrown out?

OR, could it prove that I actually owe a lesser amount than what they're asking and allow me to settle for a lesser amount either in court or out.

That being said, my main question is this: Can I call the attorney's office that is suing me and try to settle before court?

Wed, 05/06/2009 - 09:49 Permalink

Sorry, that last post was mine. I also don't know why my avatar is a girl and can't be changed :roll:

Wed, 05/06/2009 - 14:01 Permalink
Pamela (not verified)

What is also possible is, you convince your original creditor that you want to settle your dues with him, requesting him to pull the accounts from the junk debt collector. In the meantime get your debt validated. If you actually owe the debt, reply to the summons telling the court that you are in the process of debt settlement with your creditor.

You could also negotiate with your creditor. There is a possibility that the debts might be reduced by 40-60%. You can also request for a new structure of payment that is affordable. The last option could be to seek help from debt settlement agencies.

Thu, 05/07/2009 - 03:39 Permalink

Hi michael
You can change your avatar anytime if you like by visiting edit profile option after signing in with your user id and password. However, the height and width of the avatar should not be greater that 150 pixels and the size of the file should not exceed 17 kb.

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Tue, 10/08/2019 - 17:31 Permalink
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