Legal Question in Credit and Debt Law in California
Being sued by credit company
I received a summons on April 25 saying that I was being sued by Atlantic Credit & Finance, Inc., for $3947 plus interest & attorney fees for a Household Bank debt (which was charged off by HSBC in March of 2006) and that a Case Management Review was scheduled for Aug. 24. This is the first I have heard from Atlantic Credit & Finance. According to the summons, I have to ''file a written response at the court'' within 30 days, which means within the next week or so. I called the Santa Monica Courthouse, and they told me I needed to file a form CM-110, which I downloaded from the Internet. The form is confusing, and I'm not sure how to complete it or what to file. I don't know if I should send a certified letter for debt validation to Atlantic's attorneys, or attach one to this form CM-110 or what I should do. I can't take a chance on having my wages garnished or bank acct. frozen as I am just barely making it from paycheck to paycheck - should I consider filing for bankruptcy? Or do I need an attorney to complete and file the CM-110? I don't know what to do, and time is running out. I appreciate your guidance.
2 Answers from Attorneys
Re: Being sued by credit company
A few ideas:
1. Go through the archives here and look for answers or demurrers. You could also file a motion to quash. It is dependent on the facts.
2. Talk to an attorney. You should at least get a consultation with an attorney who can advise you on any defenses you have, any cases you may have against them, and the likely outcome.
3. You may need to talk to legal aid in your county.
Re: Being sued by credit company
Atlantic Credit has bought this debt from HSBC (most likely for a lot less than the original amount) and is now suing you to recover on it. Depending upon the complaint, you may be able to file a general denial. However, you will then be proceeding through litigation which can become complicated if you are on your own.
You can ask for verification of the debt through the discovery process, which will commence upon filing an answer.
My office has experience in these cases and I would be happy to discuss some of the issues concerning your case to see how I may be of assistance.
I offer prospective clients an initial consultation of 30 minutes for free.
I look forward to speaking with you.
Yours truly,
Bryan
Bryan C. Becker, Esq.
Principal
Law Office of Bryan C. Becker
The Koll Center
501 W. Broadway, Suite 800
San Diego, CA 92101
Toll Free: 877*201*8728
Direct: 619*400*4929
Fax: 619*400*4810
Member, National Association of Consumer Advocates
www.naca.net
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