[PDXBLAZERFAN]

My partner in crime received a summons for a BOA CC . No knowledge except for CAs who are contacted about validity and never heard from again.

Questions:
1) Does she have to be served personally or just member of household? Got date of service from Court.

2) Summons doesn't contain contract or any account history just an account number and 30 day to dispute validity notice.

3) Disputed the validity of debt via fax and email. Is that okay for FCRA?

4) Need an example. Is there a thread? Does Stevens-Ness legal store have form? Is it called an answer in Oregon?

5) Answer is: this account exists without knowledge and not sufficient evidence presented in summons.

Tried to summarize, if there are any additional subjects/information, please include.

Thank you in advance.

PDXBLAZERFAN
Portland, OR

[roybean]

Your friend recieved a summons after s/he disputed the debt, but never recieved validation? When did s/he dispute the debt and you should always dispute by certified mail return receipt. Does s/he have the fax confirmation and did s/he cc/bcc the email to his or herself? Did s/he dispute within the first 30 days?

You leave out a lot of information. When did s/he get the summons? You must answer in the time allotted in the summons.

[PDXBLAZERFAN]

Yes to summons rec'd after disputed and no validation. Seems like debt went through a series of CAs who never verified but actually sold it when debt questioned.

She has fax confirmation and email showing date/time. Dispute was within 30 days.

Email and fax were informal, disputing debt and asking for verification. These also contained a request for date of service. This was my test to see if this attorney is human and cared at all. Guess what? No reply.

[roybean]

Originally Posted by PDXBLAZERFAN

Yes to summons rec'd after disputed and no validation. Seems like debt went through a series of CAs who never verified but actually sold it when debt questioned.

She has fax confirmation and email showing date/time. Dispute was within 30 days.

Email and fax were informal, disputing debt and asking for verification. These also contained a request for date of service. This was my test to see if this attorney is human and cared at all. Guess what? No reply.

I asked when all of this happened? When did friend dispute? How long after disputing did friend get summons?

FDCPA has a 1 yr. sol to bring an action or counter claim and FCRA is five yrs.

Your friend needs to answer this complaint. Do not let them get a default jugdment!!!

S/he may have affirmative defenses. Is it state court?

[PDXBLAZERFAN]

Have been told this by an attorney:

"However, I can tell you that in general, if a
party writes to the plaintiff and states that they intend to file an
appearance in court, the plaintiff must give the defendant ten days' written
notice prior to taking a default. This should be delivered today in such a
manner as to create a record that it was sent and received, such as via fax
with a transmission log retained."


I sent a DV letter that included a request for date of service in order to respond appropriately. Sound like an intention to file sooo... can i sit on this fact until I get the ten day notice from Plaintiff noted above?

[PDXBLAZERFAN]

served in june .... sent a DV and intent to file about a week ago (within 30 days)... going to sent another intent to file to make clear and subject Plaintiff to 10 day notice referred to by attorney in previous post.

Hoping this intent to file letter is enough until Default Notice is rec'd. Don't want to spend filing / attorney fee (s) until 10 day notice is rec'd.

[roybean]

Originally Posted by PDXBLAZERFAN

Have been told this by an attorney:

"However, I can tell you that in general, if a
party writes to the plaintiff and states that they intend to file an
appearance in court, the plaintiff must give the defendant ten days' written
notice prior to taking a default. This should be delivered today in such a
manner as to create a record that it was sent and received, such as via fax
with a transmission log retained."


I sent a DV letter that included a request for date of service in order to respond appropriately. Sound like an intention to file sooo... can i sit on this fact until I get the ten day notice from Plaintiff noted above?

Don't mess around! In fact, make sure that the complaint is legit (go to court house) and find out when you have to answer (if it isn't clear). Your friend isn't an attorney, so ANSWER THAT COMPLAINT!

[PDXBLAZERFAN]

what you call messin' around seems to me like a procedure instituted by the Court to prevent cases from Junk Debt Collectors from clogging the courts docket. This information has prevented time and money being wasted on some unknown debt by me and the Court.

What these bottom feeders are looking for is default judgments. My money is on, 10 day Notice to take default judgment required of Plaintiff will never be rec'd ...end of story.

[Qtip]

Originally Posted by PDXBLAZERFAN

what you call messin' around seems to me like a procedure instituted by the Court to prevent cases from Junk Debt Collectors from clogging the courts docket. This information has prevented time and money being wasted on some unknown debt by me and the Court.

What these bottom feeders are looking for is default judgments. My money is on, 10 day Notice to take default judgment required of Plaintiff will never be rec'd ...end of story.

I do not know if you misunderstood roybean's post, we are on your side! When he said don't mess around, I believe it was meant in the context "do not waste time". If you are sued and you fail to answer the complaint, then they could get that default judgment. As with everything else on this industry, time is of the essence.

[Qtip]

Originally Posted by PDXBLAZERFAN

Questions:
1) Does she have to be served personally or just member of household? Got date of service from Court.

I believe that the person must be served personally and not a household member. maybe someone else can confirm this.

2) Summons doesn't contain contract or any account history just an account number and 30 day to dispute validity notice.

If you answer the complaint this could be one of your defenses, that a contract did not exist with the alleged creditor.

3) Disputed the validity of debt via fax and email. Is that okay for FCRA?

I guess it is ok to dispute this way, but if you need to sue the CA or CRA down the road then you would be better off with sending disputes via USPS certified return receipt requested. That way you have solid tangible proof they got the dispute.

4) Need an example. Is there a thread? Does Stevens-Ness legal store have form? Is it called an answer in Oregon?

Are you asking for an example of an answer to a complaint?

5) Answer is: this account exists without knowledge and not sufficient evidence presented in summons.

Did not quite understand the question, could you rephrase.


Thanks,


Qtip

[PDXBLAZERFAN]

SORRY to Roybean.... no intended negative vibe but trying to clarify....

any opinions on this 10-day notice Plaintiff (ORCP 69A) must give to Defendants only if Defendants notify Plaintiff of intent to file for court appearance.

My #1 question is: Can an answer be filed during 10-day notice period which is after 30 day summons period.

[PDXBLAZERFAN]

Q-TIP ... began day trying to write an answer but found out about ORCP 69a. With this information, I am trying to save time and money by just notifying Plaintiff of intent to file. At the same time, don't want to give up any right to file answer later.

[Qtip]

Originally Posted by PDXBLAZERFAN

SORRY to Roybean.... no intended negative vibe but trying to clarify....

any opinions on this 10-day notice Plaintiff (ORCP 69A) must give to Defendants only if Defendants notify Plaintiff of intent to file for court appearance.

My #1 question is: Can an answer be filed during 10-day notice period which is after 30 day summons period.

If you are able to get the 10 days it would stand to reason that you could use this time to answer. However that is an assumption that I have no place making as I honestly do not know.

The ideal thing would have been to answer as soon as the summons where served, but I am certain you know this and this piece of information does not help you or your friends situation. I am adding it for the benefit of other members that might read this thread down the road.

Maybe someone else might be able to chime in on this.


Is this on district court or small claims?

[PDXBLAZERFAN]

county circuit court not small claims

[Enigma]

Originally Posted by PDXBLAZERFAN

Yes to summons rec'd after disputed and no validation. Seems like debt went through a series of CAs who never verified but actually sold it when debt questioned.

She has fax confirmation and email showing date/time. Dispute was within 30 days.

Email and fax were informal, disputing debt and asking for verification. These also contained a request for date of service. This was my test to see if this attorney is human and cared at all. Guess what? No reply.

You can verbally dispute the account or you can do it n writing.

Faxes and emails do not count.

[Enigma]

Originally Posted by PDXBLAZERFAN

My partner in crime received a summons for a BOA CC . No knowledge except for CAs who are contacted about validity and never heard from again.

Questions:
1) Does she have to be served personally or just member of household? Got date of service from Court.

2) Summons doesn't contain contract or any account history just an account number and 30 day to dispute validity notice.

3) Disputed the validity of debt via fax and email. Is that okay for FCRA?

4) Need an example. Is there a thread? Does Stevens-Ness legal store have form? Is it called an answer in Oregon?

5) Answer is: this account exists without knowledge and not sufficient evidence presented in summons.

Tried to summarize, if there are any additional subjects/information, please include.

Thank you in advance.

PDXBLAZERFAN
Portland, OR

To properly answer your questions, you will need to read your local courts Rules of Civil Procedure.

To file an answer to a complaint you will either admit, deny or write without sufficient knowledge.

What you write in item 5 may be an affirmative defense.

If your partner is being sued and you both are totally clueless, if it were me I'd start calling local consumer lawyers in my area.

[Enigma]

Originally Posted by PDXBLAZERFAN

Have been told this by an attorney:

"However, I can tell you that in general, if a
party writes to the plaintiff and states that they intend to file an
appearance in court, the plaintiff must give the defendant ten days' written
notice prior to taking a default. This should be delivered today in such a
manner as to create a record that it was sent and received, such as via fax
with a transmission log retained."


I sent a DV letter that included a request for date of service in order to respond appropriately. Sound like an intention to file sooo... can i sit on this fact until I get the ten day notice from Plaintiff noted above?

No you cannot wait it out. You need to become proactive.

It sounds to like a default judgment has been entered against your partner.