Should I contact the collector or should I wait until the court date if I’m being sued even though we had a re-payment arrangement??
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Should I contact the collector or should I wait until the court date if I’m being sued even though we had a re-payment arrangement??
A collection sent me a notice saying I need to make payments on a card I had in 2007. I called them to set up payments. )n 09/15 I paid $100 and the agreement was $150 each month after that until the balance is paid. They sent me a contract in the mail; I signed one copy and mailed it back. My father was served at his house (where I lived a while ago), and never signed for it. The server threw the paper at him saying that since he was my father that was good enough. They are taking me to court, but we had a contract? I have made every payment on time with bank statement proof?
Asked on November 21, 2010 under Bankruptcy Law, Colorado
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Are you sure that it is for the same debt? Check to make sure. In the meantime you should go down to the court and file an answer to the summons and complaint that was thrown at your Dad. Put in a "genera; denial" of the complaint and in the answer raise the following "affirmative defenses": 1. that the court lacks personal jurisdiction over the defendant due to improper service; 2. that the matter is moot as the debt has been settled per contract between the parties prior to the institution of the lawsuit; 3. that the plaintiff has acted in bad faith in the settlement of the debt. Request that they be sanctioned. Then call the collector and let them know what you did and how you are going to ask the court for sanctions and a bad faith settlement. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.