Credit law repair attorneys come in all shapes and sizes. Some help…some lie with malicious intent. Do you really think an attorney collecting on bad debt gives a hoot about you?
Debbie owes a credit card debt.
Her luck ran out and she got served.
When that sheriff showed up at her front door, that scared her.
She knows nothing about disputing…or debt validating…or statute of limitations…or Fair Debt Collection Practices Act…or anything else clearly explained in my videos and book The Busy Person’s Credit Makeover.
Nonetheless, I helped Debbie, whose fear of getting served reminded me of the first time an off-duty deputy knocked on my door with papers.
That was the most fear I’ve felt, and I don’t want anyone else to experience that kind of fear.
If you want to hear more about Debbie’s situation, her question & my response, click “read more” below.
GETTING SUED IS REAL FEAR
Debbie clearly needed help. She was scared (understandably so) & she was dealing with an attorney who works as a debt collector. In other words, this is how the attorney earns his money.
Debbie’s question:
“Can you please help me? A police officer delivered a summons letter this morning that a credit card collector seems to be suing me for $2,357.42. There is no court date. I’m really scared. I don’t know what to do. Except I called them and set up a direct withdrawal every month.”
“The question is: In the summons letter , there is a portion stating that I should respond to that within 20 days with my answer. Should I send them a letter stating that I’m paying the collection agency on a monthly payment plan or just completely ignore the letter and not write back just like the collector agency said? Thank you very much for all your wonderful help.”
NEVER ignore court paperwork!
You MUST respond in writing to the court within the 20 days to protect your interests. You are not bound by law to respond to the summons. However, if you do not respond, you lose without giving your side of the story.
NEVER trust a debt collector or debt collection attorney. If he says don’t do anything….he will take care of it…do NOT listen to that hogwash! You must respond.
If you choose not to respond, you lose by default. If a default judgment gets entered against you, it is terribly difficult to get it vacated. It can stay on your credit reports for 10 years (or longer if it’s renewed). A judgment is BAD.
For others reading this, understand that a judgment must get settled before a mortgage lender ever considers your loan application.
Recently, I was the Realtor for a guy buying a house. His middle credit score was 735 (very good). However, he could not get his loan application approved with a $12,000 judgment. He had made horrible mistakes trying to settle this on his own with no (inside) information as people get by reading Repair Credit Fast | My Credit Check.
Not all was lost. In this case, I turned him toward an attorney who specializes in beating up on debt collectors. I’ve worked with this attorney before, and he’s a pitbull with debt collectors. For $400.00, this “pitbull” used my strategies (on his letterhead) to get this judgment removed (settled) for $3,200 cash (total $3600 on a $12,000 debt that prevented caused the home-buying process to come to a screeching halt).
- I suggested Debbie respond to the Summons by running down to the courthouse or sending it in (certified mail of course).
- Monitor the case until the other attorney has filed a request to vacate the suit.
- Call the court clerk and find out what your court rules are (they are different in every state).
One more reason: Once they win a default judgment they can go back to court and get a garnishment order for 25% of your income, and/or freeze bank accounts. Makes no difference that you have an agreement, and are paying them. I have received dozens (if not hundreds) of letters asking for help with this very issue!
NEVER, NEVER, EVER give a debt collector your bank/checking account numbers for payments. Once they have this info there is nothing to stop them from taking out any amount at any time.
This is almost always an invitation to catastrophe….with hundreds of dollars of bounced check and bank fees.
You should seriously consider having your checking account canceled and reissued under a new # to prevent them from stealing every penny you have.
Be very careful about filing out and signing any paperwork that this debt collector sends to you….whatever it is, it’s going to be for their benefit and not yours.
“Per federal law I request written validation within 30 days as you cease collection activities.”
Please understand, you must validate within 30 days of receiving the debt collector’s “dunning” letter. Clearly, Debbie is outside the 30 days validation period.
DO NOT sign your signature on any document that you mail to a debt collector. It could end up on a forged contract that can be used against you. Simply type your full name.
Credit law repair sometimes puts you face-to-face with an attorney, which always puts us at a disadvantage. They’re far more comfortable in a courtroom. In which case, you must know your stuff. Right?
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