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Debt collection Summons; Oregon
Anonymous3 views3 answers
Received a summons from a collection agency's attorney, who wouldnt talk Me. Filed my answer. Sent the lawyer a validation letter. i need to talk with a lawyer but there are none in my area, who dont have conflicts. Small town coos bay. Help
Since you have already answered the complaint, what do you need to discuss with an attorney? Right now, the ball is in the Collector's court. Wait and see what they do next. Or you might send a letter offering settlement terms.
Hope this perspective helps!
The first thing you need to do if and when you get sued is file an Answer. The summons will tell you that you must “appear” by way of an Answer in 10, 20 or 30 days, “depending on the method of service.”
PLEASE CHECK THE LAW IN YOUR STATE AS YOU MAY ACTUALLY HAVE TO APPEAR IN COURT, AS IN VIRGINIA, IN ORDER TO AVOID A DEFAULT!
You need a lawyer, but if you cannot afford one right away, rather then do nothing and have a judgment entered against you, is to “appear” by filing something!
Many people think this means they have to go to Court and this is incorrect. 90% of all lawsuits end in Default Judgments because the defendant (person getting sued) did not file an Answer.
I recommend you go to the free form I have on my website. Print it out and fill it out as instructed. You must answer the numbered paragraphs on the Complaint by writing them into the appropriate lines in the Answer. The Answer will allow you to preserve your rights and will prohibit a default judgment (i.e. you did not show up) from being entered against you.
Mimic the paperwork you got when you got sued. Answer all the paragraphs of the Complaint by writing the numbers in lines 1, 2 or 3.
Almost 100% of attorneys will deny what is owed because they did not do the calculations and do not know what the basis for the number is…
When you file the Answer that is your “not guilty”. You have the right to make the person suing you (Plaintiff) prove their case, but you must also answer the complaint truthfully.
Make sure you fill in the name and address of the attorney suing you before you bring this paperwork to the Court. Mail it to the attorney suing you right away!
Check out the guide I have drafted on the profile. This will provide more detailed instructions. If it is helpful remember to indicate that and get the guide read!
Good Luck!
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The validation letter does not have any application to the lawsuit. The lawyer will refuse to talk with you because we can get into trouble speaking with someone we are suing, so most of us do everything in writing.