Legal Question in Credit and Debt Law in California
I am disputing a debt, but have recieved a summons
A cellular phone company (representative/kiosk) misrepresented key information to me. Based on that key information, I signed on for service. During their alleged ''trial'' period, I attempted to return the phones due to several issues relating to coverage. They stalled as long possible in an attempt to get me to exceed the trial period. I returned the phones and stated that I would pay first months service including activation fees but not any termination fees.
They insisted that I pay termination fees. I refused. They eventually contracted a collections firm to collect. I have recently received a summons for collections. I don�t want to bother with a civil proceeding. Can I pay the cell collections company and then turn around and sue the kiosk in small claims court that sold me the service for all related fees paid ? I suppose there are four parties involved; Collections company, kiosk, cell service provider and me. My beef is really with the kiosk.
How successfully can a person (lay person) defend himself in a collections civil proceeding ? What would it cost ? The amount owed is $750. Amount I am willing to pay is $150.
1 Answer from Attorneys
Re: I am disputing a debt, but have recieved a summons
Yes, and you are one of the few individuals I have met in my career who actually has a realistic understanding of our legal system. Most people would have the attitude that they aint not gonna pay nuthin because their life sucks and everyone in the world is to blame for their problems except themselves.
You need to be extremely careful that you do not agree to anything, and make sure the lawsuit is dismissed. You tell the lawyer suing you that you will exchange the money they are requesting for a request for dismissal with prejudice. Do not agree to sign anything. Do not admit or deny you owe the debt. Also be careful to file an answer if time is running out because a sneaky lawyer will file a default judgment against you while telling you his client will settle. Then file your lawsuit in small claims court for violation of Business and Professions Code Section 7200, Fraud, Violation of the Fair Debt Collection Practices Act, and Infliction of Emotional Distress and ask for $5,000.
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