Where can I find a sample letter of how to respond to a court summons for a debt collection agency?
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Where can I find a sample letter of how to respond to a court summons for a debt collection agency?
In MA.
Asked on February 21, 2011 under Bankruptcy Law, Georgia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
What you need to do is to file an "answer" to the summons and what should be the complaint (sometimes they are on the same piece of paper in these type of transactions). Generally speaking if you are "pro se" meaning that you are acting as your own attorney, the court clerks in the place where you need to file the answer will help you with the paperwork. They have the forms. What you need to do is to make sure that you add certain things known as "affirmative defenses" to the Answer. First, how were you served with the paperwork? If you were not properly served then put in an affirmative defense of "lack of personal jurisdiction." Has the debt been paid? Then you can write "accord and satisfaction." If it is not your debt then write " the defendant is not a proper party to the action." You are entitled to what is known as validation of the debt, meaning a copy of the original contract, a copy of all transactions on the account and proof that the agency collecting can do so for the original creditor. Good luck.
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