Creditwrench teaches the secrets of the debt collection industry and how to defeat their abusive practices without lawyers. We know how to win!
Sunday, August 24, 2008

Summons & Court Date


Hello on August 19th I was served a summons and complaint from a debt collector for a credit card. I immediately pulled my credit report with Transunion and can find no mention of this debt.

I answered the summons saying it was my intent to show for court. I also sent the court and the collection agency a letter requesting validation and a sworn denial statement all on August 19th. Today Aug 22 I received a court date to appear. I thought they could not proceed until they supppled me with full debt validations?


You thought they could not proceed until they supplied you with full debt validation? Where did you hear that nonsense? Tell that to the judge and see where it gets you. The judge may take the time to tell you that next time you need to hire an attorney before he grants judgment to the plaintiff. Then again he might not even bother to tell you that.

They can do that with no problem until you enforce the law in federal court. The problem you have is that you have obviously been getting your information and advice from some guru message board that either gives you information that is totally false and misleading. It was misleading to state that they could not move forward once you demanded validation. They should have told you the rest of the story too.

I guess you also learned how to file a response to the court saying that you intended to show for court from some equally bad source because that isn't a proper answer or response at all. You have to file a proper response which can take many forms depending on the type of response you intend to use. Whatever your response might be it must respond to the one simple question which is before the court and that is "do you owe the debt or not" and if not why not. That is the question and that is the only question which the judge wants to hear the response to. All the rest usually matters not.

You also say that you received a court date. What date is the hearing set for? That can be very important for several reasons. If it is too soon you may want to file a motion for extension of time to respond.

So how do you respond to that question is a rather long discusson which I will address in greater detail on my blog at


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