Legal Question in Credit and Debt Law in California
paid in full and summoned to court
the collection representative called 09.29.03 and had been harrassing me up to 4 times a day. i told him i was getting the funds to pay for the debt in full and would send the money immediately. collection co. received and they cashed the check on Oct.02,2003 i called on Oct. 16, 2003 at 9:04AM to the collections I explained that I had paid the debt in full and he checked and told me the debt was paid in full. I asked him if he was sure and he said yes he had spoke to the person with the account. I asked for a receipt and he said it would take up to 30 days.I asked to speak to the manager and was told he was out of the office,representative said he would contact the attorneys office and take care of summons Then on 11.1.03 papers were served to sue as of today I have not received a receipt, except for my cancelled check.they filed on 10.6.2003, 3 days after knowing I had paid in full they still filed. i believe i am being persecuted and continually harrassed by this company. they have no reason to be taking me to court that is what the collection representative said. Not to worry he said. Now what do I do? Any recourse... sue back?
1 Answer from Attorneys
Re: paid in full and summoned to court
You have a valid defense if you have paid it and there may be violation of the fair debt collections act. If you contact our office for an appointment, I can review your documentation and provide you with consultation. 714 363 0220.
Unless you respond to the lawsuit, the Plaintiff may obtain a judgment against you.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
