Question:
i've been served with alias summons for credit card debt & want to fight back. how?
?
2010-06-04 10:42:36 UTC
ive been doing some homework & it says to go down to daley center & file notice of appearance, answer & certificate. im going to this in about an hour. im not really sure what to put on the answer except to deny the debt. the amount is incorrect & no written agreement was attached to summons. so should i also file a motion to dismiss? Ive also read that after i send the answer to the lawyer, he/she has 30 days to comply or it is automatically dismissed. Should i just wait out the 30 days? im not sure bcuz i am not a lawyer & all of my info has been learned via the net.my debt according to them is $1,366 wayyyy more than what i would have owed to the actual lender. Also, i read if i go into court & ask for the original contract & transactions totalling up to how much they say i owe, that if those are not produced, the entire thing will be thrown out. Im just not sure if im doing this right. so right now my main question is WHAT DO I PUT ON THE ANSWER...& DO I FILE FOR A MOTION TO DISMISS IN 30 DAYS IF NO COMPLY FROM PLAINTIFF. but please list everything u can to help. thank you so much. oh, yes i do have a job but i have a special needs daughter as well. i can not afford to pay this. i live in chicago illinois & my debt is about 2 - 3 yrs old.also, i tried calling to settle but ofcourse they rejected. but i did not write down who i spoke with. or what day. so please if you have any advice, that would be greatly appreciated within 40 mins. because thats when i leave to walk over to the daley center. its 12:41 june 4 i leave out at 1:30 thank you so much!
Three answers:
amy b
2010-06-06 21:57:23 UTC
First and foremost, most (if not all) third party debt collectors are dead beats! The fact is, you have the RIGHT to fight them in court! Yes, I know, its hard to take off of work or lose pay or even get to court sometimes, but really, the consequences of NOT going are far, far worse. Think you have no assets they can take, or wages to garnish? Think again! They will do an asset hearing that will include everything but your ONE house, ONE car (if its valued at less than 5,000), and your personal "stuff". That's about it. So don't take it lying down, you get ready to fight! And by the way, I have been very successful with these debt collectors and stopping them from robbing me of my hard earned cash (what little there is of it these days) by standing up for my rights myself, so I know it can be done.



Yes, I have debt, this is true. And I am paying my ORIGINAL debtors now that I have a new job. I am NOT paying the third party debt collectors. I know better!



I have had a lot of friends asking me how I did it, or how they can stop debt collectors. Sometimes when family or friends come to visit and if a third party debt collector calls, they are amazed at how I can speak politely but frankly, and the collector gets mad and hangs up. Then they don't call back for a long, long time. And since I have been doing this, not one of them have actually taken me to court, although I get threats all the time. So anyways, after getting asked over, and over, and over again what my friends or family should do to follow my example, I got tired of it. So I sat down and typed out the whole instructions thingie and posted it to the web and added a couple other facts too. Now, when someone asks, I just give them the URL and say "look at it at your convenience."



So, I suppose I will do the same for you (or anyone else who wants to stop a debt collector). Here's the URL. I hope it helps you!!!!



1. If you write a letter to the debt collector, they probably won't get it, then blame you for "failure to respond." This URL will tell you why this happens:

http://www.associatedcontent.com/article/1556074/why_creditors_never_receive_your_debt.html?cat=3



2. I get tired of getting phone calls sometimes. Here is how I got the calls to stop, at least, for awhile.

http://www.associatedcontent.com/article/2282841/how_to_stop_debt_collection_phone_calls.html?cat=3



3. If you get sued it will probably be a seedy collection agency calling itself a law firm. The only thing about them that is the "law" is their rent-a-lawyer who pops in long enough to grab a file and head to the court house. My hubby had an experience with one of these loser firms, and thanks to me, it was dismissed. Here is our story:

http://www.associatedcontent.com/article/2298311/how_to_fight_love_beale_nixon_in_court.html?cat=17



4. Finally, I wrote out a big tips and advice article about what to do when the debt collector calls you, how to secure your rights, money owed to you if your rights are violated (and trust me, they will be), and why you shouldn't be scared about going to court. It is very useful information, and anybody who is dealing with a third party debt collector should read it! Here is the URL for that information.



http://www.associatedcontent.com/article/5462588/how_real_people_fight_debt_collectors.html



I hope this information helps you out. I'm not an attorney, but i do know my way around the law, to the degree that i needed it that is. Everything i am telling you here is stuff that i learned AND TRIED on my own. All of it was successful, and continues to be successful today. And I am sure you can be successful too, so long as you don't neglect to retain your rights like I am telling you here.



Good luck.
?
2016-12-11 08:08:08 UTC
Credit Card Alias
CatDad
2010-06-04 11:43:40 UTC
You could mark "Deny" and state that you are unable to affirm or deny the debt until it's been officially validated.


This content was originally posted on Y! Answers, a Q&A website that shut down in 2021.
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