Legal Question in Credit and Debt Law in California

suggestion

I had an account with BofA it when to charged off and it and was bought by another lender or say CACH,LLC. I now just received a letter in the mail ''request to enter a default'' with requesting for a court judgment also,but where the court only section it is blank.

A month earlier they had called my husband and told him that an official of the court had come to our place and gave me a paper to sign and he said that I sign it. I am a stay at home mother and I have not open the door to anyone telling to sign anything nor was I hand a paper. My husband had ask the guy to mail us the paper, but he said he did not have the paper in hands, but there is a signature on the paper. Have a been summon and what is a summon?I am at lost here can you help me or give me some suggestion to go about this.

thank you.


Asked on 2/01/09, 9:39 pm

2 Answers from Attorneys
Joshua Swigart Hyde & Swigart

Re: suggestion

Sounds like there could be some violations of the State or federal collection practices acts.

If you need an attorney to review the paperwork, feel free to contact my office.

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Answered on 2/01/09, 9:55 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: suggestion

More than likely, a lawsuit was filed in the Santa Clara County Superior Court. You can go to its website and see if your name comes up. Or, if you wish, provide me by e-mail directly with the case number (if you have one) and your name, and I'll see what I could glean, and I'll let you know.

I'm not quite sure what happened. Certainly, you're not required to sign if you're served with a summons and complaint. As long as it's handed to a person over 18 in your home and then mailed to you, it's proper service.

There still might be time to deal with it, so please move with deliberate haste.

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Answered on 2/01/09, 10:28 pm


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