By [http://ezinearticles.com/?expert=Deborah_Piersma]Deborah Piersma
They've got literally hundreds of thousands of defaulted credit card accounts in their possession.
You to them are just a number.
They don't care what they do or how they do it they just want to make thousands of dollars off of the pennies they paid on your account. This includes tons of FDCPA Violations against them.
You get an attorney they may go away. You cannot afford an attorney they are hungry for that Default Judgment.
So what do they do?
Some send you threatening letters which some people decide to ignore ... some people don't ignore those letters and send Debt Validation Letters to the Junk Debt Buyer.
How does the Junk Debt Buyer respond?
Most like to answer your Debt Validation letter with a Summons and Complaint.
Yes, you should always send a Debt Validation Letter. And you should always send it Certified Mail with Return Receipt. Why? This is your proof that you sent it and if they don't respond to it they are in Violation of the FDCPA and you can countersue them for $1000.
Below is only my past experiences:
I took every single letter that I was receiving from Collection Agencies and JDB's and threw them out.
I then learned that you should send a Debt Validation Letter. I did this twice and both times I GOT A REPLY from them which was a SUMMONS.
It's almost as if they said GREAT! He or She lives there, he or she answered, now we can sue him or her!
Legally, they are suppose to respond to my Debt Validation Letter. Most, again DO NOT instead they sue you. Hoping you have no clue about the FDCPA and Countersuits.
What a JDB thinks is this for example:
You owed $1400 on a Credit Card and Defaulted. They bought it for $12.00. YEP $12 measily BUCKS!
They find out where you live, get a response, sue you or get no response and sue you anyways. Most of them will sue you if they know you have a job or assets (property) in your county.
They basically scrub you out to see if your worth the money to file the suit against so they can collect.
So now they bought this debt for $12.00 and are suing you for the $1400 plus interest of let's say $2500 plus late fees, attorney costs ETC.. now they've racked up a big fat bill of about what? $5,000.00 PLUS?
They throw all this onto a summons and claim you owe them all this money. 95% don't have any proof.
They then hope that you are scared and don't show up for court and they get a Default Judgment against you.
Their lawsuit is a basic scare tactic. Hoping you just don't answer your summons and win that Default and come after you.
If you didn't answer the Summons..WELL now...YOU LOST!!!
With the Default Judgment in hand you now owe them $5,000.00 and they can legally collect it.
They will send Interrogatories around to the banks in your area until that one bank send it back saying YES John Doe does have an account here.
Next thing you know your bank account is frozen.
The Sheriff is at the door with a Court Order for a Garnishment Hearing. Or a Garnishment Hearing appears in your Mailbox which you DO HAVE to show up for.
So, now these guys got your bank account frozen for the $5k you owe them plus they'll take a chunk of your weekly pay check.
They DO NOT CARE. They just made a nice $4,888.00 Profit off of your stupidity of not answering that summons.
Now, I have expressed this over and over again I DID NOT know what I was doing either. Was I scared? Absolutely. But I have learned so much about JDB's and Collection Agencies that I'm not scared any more.
As I said above we are all just a number to these companies.
When you Answer Your Court Summons you TICK THEM OFF.
Now you have blocked them from that Default Judgment. That is, only if you DENIED every single count against you on the Complaint.
If you admit to any of the Counts on the Complaint what they will do next is file a Summary Judgment and probably win it. Because, you admitted you owed them money or it's your account. Regardless you admitted it's your debt and they'll win it.
You have to be thinking when you get the summons...did you ever receive anything in the mail from the Junk Debt Buyer showing you that they legally now own this default account? That is called the Assignment.
Well, these guys will claim that they sent you a copy of that Assignment when they bought the account off of whatever bank.
You need to think, is this it? Just a few paragraphs and you want me to pay you $5000.00 because you say so?
Where is the proof of Assignment? Meaning show me that you have the right to collect this debt. So that is what they mean by Real Party in Interest. That the Plaintiff listed on your Complaint has the Legal Rights to sue you. That is proven by showing you and the court a copy of the Assignment they received from the Original Creditor.
Now, was that attached to the Complaint? Does your Local Court Rules say that it needs to be attached to the Complaint?
How about the Contract? Was that attached to the complaint? Do your local court rules say it needs to be?
Would you believe some guy named Joe who came knocking on your door and said hey buddy you owe me $5000.00. Would you pay him just because he said so?
Same thing with these Credit Card Lawsuits. The proof is on the Plaintiff. You say I owe you $5000.00 well buddy I'm going to MAKE YOU PROVE IT.
They will mess up somewhere in here some how, if they have not done so already.
For instance in Indiana if I got sued by a Credit Card company and they did not have the Contract and Assignment attached to the Complaint I would file a Motion to Dismiss and win. I would only get it dismissed without prejudice and they would be allowed 20-30 days to amend the complaint. What that means is they can re-file the same lawsuit and attach the contract and assignment and it's a go.
If they don't comply within the time allowed, I would then file a Motion to Dismiss with Prejudice because they were given time to Amend and failed to do so. And I'd win.
NOW does your court allow you to File a Motion to Dismiss in lieu of an answer? Meaning, you found all kinds of things wrong, things that they did that did not comply with your Court Rules?
That is where you start.
Answer your SUMMONS plain and simple. Ignoring the Summons will cost you alot more than the money you owe them. It can ruin your life, freeze your accounts and garnish your wages.
Ask yourself this: Is it really worth not Answering it?
You to them are just a number.
They don't care what they do or how they do it they just want to make thousands of dollars off of the pennies they paid on your account. This includes tons of FDCPA Violations against them.
You get an attorney they may go away. You cannot afford an attorney they are hungry for that Default Judgment.
So what do they do?
Some send you threatening letters which some people decide to ignore ... some people don't ignore those letters and send Debt Validation Letters to the Junk Debt Buyer.
How does the Junk Debt Buyer respond?
Most like to answer your Debt Validation letter with a Summons and Complaint.
Yes, you should always send a Debt Validation Letter. And you should always send it Certified Mail with Return Receipt. Why? This is your proof that you sent it and if they don't respond to it they are in Violation of the FDCPA and you can countersue them for $1000.
Below is only my past experiences:
I took every single letter that I was receiving from Collection Agencies and JDB's and threw them out.
I then learned that you should send a Debt Validation Letter. I did this twice and both times I GOT A REPLY from them which was a SUMMONS.
It's almost as if they said GREAT! He or She lives there, he or she answered, now we can sue him or her!
Legally, they are suppose to respond to my Debt Validation Letter. Most, again DO NOT instead they sue you. Hoping you have no clue about the FDCPA and Countersuits.
What a JDB thinks is this for example:
You owed $1400 on a Credit Card and Defaulted. They bought it for $12.00. YEP $12 measily BUCKS!
They find out where you live, get a response, sue you or get no response and sue you anyways. Most of them will sue you if they know you have a job or assets (property) in your county.
They basically scrub you out to see if your worth the money to file the suit against so they can collect.
So now they bought this debt for $12.00 and are suing you for the $1400 plus interest of let's say $2500 plus late fees, attorney costs ETC.. now they've racked up a big fat bill of about what? $5,000.00 PLUS?
They throw all this onto a summons and claim you owe them all this money. 95% don't have any proof.
They then hope that you are scared and don't show up for court and they get a Default Judgment against you.
Their lawsuit is a basic scare tactic. Hoping you just don't answer your summons and win that Default and come after you.
If you didn't answer the Summons..WELL now...YOU LOST!!!
With the Default Judgment in hand you now owe them $5,000.00 and they can legally collect it.
They will send Interrogatories around to the banks in your area until that one bank send it back saying YES John Doe does have an account here.
Next thing you know your bank account is frozen.
The Sheriff is at the door with a Court Order for a Garnishment Hearing. Or a Garnishment Hearing appears in your Mailbox which you DO HAVE to show up for.
So, now these guys got your bank account frozen for the $5k you owe them plus they'll take a chunk of your weekly pay check.
They DO NOT CARE. They just made a nice $4,888.00 Profit off of your stupidity of not answering that summons.
Now, I have expressed this over and over again I DID NOT know what I was doing either. Was I scared? Absolutely. But I have learned so much about JDB's and Collection Agencies that I'm not scared any more.
As I said above we are all just a number to these companies.
When you Answer Your Court Summons you TICK THEM OFF.
Now you have blocked them from that Default Judgment. That is, only if you DENIED every single count against you on the Complaint.
If you admit to any of the Counts on the Complaint what they will do next is file a Summary Judgment and probably win it. Because, you admitted you owed them money or it's your account. Regardless you admitted it's your debt and they'll win it.
You have to be thinking when you get the summons...did you ever receive anything in the mail from the Junk Debt Buyer showing you that they legally now own this default account? That is called the Assignment.
Well, these guys will claim that they sent you a copy of that Assignment when they bought the account off of whatever bank.
You need to think, is this it? Just a few paragraphs and you want me to pay you $5000.00 because you say so?
Where is the proof of Assignment? Meaning show me that you have the right to collect this debt. So that is what they mean by Real Party in Interest. That the Plaintiff listed on your Complaint has the Legal Rights to sue you. That is proven by showing you and the court a copy of the Assignment they received from the Original Creditor.
Now, was that attached to the Complaint? Does your Local Court Rules say that it needs to be attached to the Complaint?
How about the Contract? Was that attached to the complaint? Do your local court rules say it needs to be?
Would you believe some guy named Joe who came knocking on your door and said hey buddy you owe me $5000.00. Would you pay him just because he said so?
Same thing with these Credit Card Lawsuits. The proof is on the Plaintiff. You say I owe you $5000.00 well buddy I'm going to MAKE YOU PROVE IT.
They will mess up somewhere in here some how, if they have not done so already.
For instance in Indiana if I got sued by a Credit Card company and they did not have the Contract and Assignment attached to the Complaint I would file a Motion to Dismiss and win. I would only get it dismissed without prejudice and they would be allowed 20-30 days to amend the complaint. What that means is they can re-file the same lawsuit and attach the contract and assignment and it's a go.
If they don't comply within the time allowed, I would then file a Motion to Dismiss with Prejudice because they were given time to Amend and failed to do so. And I'd win.
NOW does your court allow you to File a Motion to Dismiss in lieu of an answer? Meaning, you found all kinds of things wrong, things that they did that did not comply with your Court Rules?
That is where you start.
Answer your SUMMONS plain and simple. Ignoring the Summons will cost you alot more than the money you owe them. It can ruin your life, freeze your accounts and garnish your wages.
Ask yourself this: Is it really worth not Answering it?
If you cannot afford a Lawyer and need help Answering Your Summons visit my website: http://www.howtoanswerasummons.com for help! http://www.howtoanswerasummons.com
Step by Step Information to Answer their Summons and make them go away!
Article Source: http://EzineArticles.com/?expert=Deborah_Piersma [http://ezinearticles.com/?Served-With-Summons-From-Collection-Agency-For-Credit-Card-Debt?-Answer-It!&id=2257226 ]http://EzineArticles.com/?Served-With-Summons-From-Collection-Agency-For-Credit-Card-Debt?-Answer-It!&id=2257226
Save This Page