i am being sued by a collection attorney, never properly server summons, i answer summons and request proof of debt, attorney reponded 2 monthys later with a motion to dismiss my answer, can he do that?? what will the judge do?? what is my next move??
2006-10-23 12:59:00 · 6 answers · asked by systeck10980 1 in Politics & Government ➔ Law & Ethics
Did you file your answer with the Clerk of the Court? Or did you just send him a letter responding to the summons? If you filed a formal Answer with the Clerk of the Court, you can respond by Affidavit (with the Answer attached as an Exhibit) -- proving that you responded to the summons and that you requested proof of debt -- hopefully, you kept copies of everything you did -- Respond to the Motion by Affidavit and appear for the motion -- then hire a lawyer! Don't try to be your own lawyer...The Judge will take into consideration that you answered the Summons, but you really need to seek counsel asap! Because he could file a Judgment against you. Then that will be recorded in the Clerk's office and you will have to pay the judgment before you can sell your home... because it will be attached as a lien on your home... Good luck!
2006-10-23 13:43:17 · answer #1 · answered by Ann B 2 · 0⤊ 0⤋
A collection attorney is just another person who takes on debts to collect that the original company has been unsuccessful doing. I never heard of dismissing anyone's answer. If you can't negotiate this debt, there will probably be a judgment for a certain amount placed against you. If you can't pay, you can't pay.
2006-10-23 13:02:04 · answer #2 · answered by beez 7 · 0⤊ 0⤋
It could be a little trick to collect your debt. You have the right to request, in writing, that he does not correspond with you anymore. By law, so do it!
This is a notice to cease and desist you could use:
"To Whom It May Concern:
Pursuant to the Federal Fair Debt Collection Practices Act (15 USC 1692c), you are hereby notified to immediately cease communications concerning the collection of the debt associated with the above-referenced account. This notice shall include, but is not limited to written correspondence, as well as telephonic communication.
In the event that you fail to honor my request, please be advised that a written log of all contacts made by your company will be recorded. Furthermore, failure to honor this request could subject your company to liability under Federal law.
If you or any other agent of your company attempts to contact me regarding this debt, a formal complaint will be filed with the Texas State Attorney General’s Office and the Federal Trade Commission.
Thank you for your attention regarding this matter."
2006-10-23 13:02:31 · answer #3 · answered by Anonymous · 1⤊ 0⤋
If you filed an answer and/or an appearance, you can't now say you were improperly served. Motion to dismiss was based on the irrelevance of your answer - it was not "responsive". If it is a large debt, you'd better get yourself an attorney.
2006-10-23 13:09:11 · answer #4 · answered by Pete 4 · 0⤊ 0⤋
U have rights---As long as u put one dollar in an envelope and pay some on the collection now, they cant do anything.
Tell the judge u are strugglin to survive and cant pay but a dollar a month.
Calm down, it aint bad as u think.
Who ever u owe money to...write them a letter , put a dollar bill in it and forget it.
2006-10-23 13:17:36 · answer #5 · answered by sunflare63 7 · 0⤊ 0⤋
Not enough information, but if you answered an improperly served summons, you waived the claim for improper service.
What grounds is he claiming to dismiss your answer?
Unless this debt is tiny, you better get yourself a lawyer.
2006-10-23 13:01:22 · answer #6 · answered by Catspaw 6 · 0⤊ 0⤋