Legal Question in Credit and Debt Law in California
I just received a summons from a third party debt collection company. I have 30 days to answer. I sent them a letter before I received the summons that I disputed the account. I wrote that I wanted to know who the creditor was and wanted copies of showing my signature on a contract and also for purchases they say I own. I never received proof just got a summons to go to court. I this right? Can a person still settle with a creditor even after receiving a summons?
Thanks Dee
1 Answer from Attorneys
Creditors file thousands upon thousands of pretty-much rubber-stamped collection complaints almost invariably lacking in minimal proof or documentation. It's a cold business model, whereby not working with the debtor must work for them economically pursuant to collection by force. A debtor does not have too much leverage to settle insofar as a creditor with a judgment can garnish a quarter of your pay and attach your bank accounts, among other things, thus getting the money faster than by accepting minimal payments. This kind of suit (and they keep piling on) and the hard truth of collecitons is what drives so many thousands of people into bankruptcy. Yet, federal bankruptcy protection can afford comprehensive debt relief (and restful nights) for minimal fees.