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Ok, say I get a summons from a collections law firm

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  • optimistic1
    replied
    Yay! We love hypothetical scenarios!!

    You could fight it in court, but only if you consider it not your account, otherwise you are wasting your time and commiting fraud.

    Wait for them to sue, if they ever do, and then file a bk before the judgement or garnishment.

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  • HHM
    replied
    You should respond to the lawsuit, that is, file an Answer (there is typically a filing fee for doing so), that at least prevents them from getting a default judgment and can buy you some time.

    DV's have nothing to do with your lawsuit, so I am not sure what you are thinking about with that idea.

    The only way to really defend a lawsuit on a debt you actually owe is to hope the other side does not have enough documentation, or can prove the documentation they do have is authentic, to prove you owe the debt.
    Last edited by HHM; 09-18-2009, 12:18 PM.

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  • BassBoy
    replied
    I wouldn't waste my time, (or the taxpayers money) defending a suit against you for a debt you actually owe.

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  • backtoschool
    replied
    Originally posted by whyme View Post
    What should I do next? (I may not want to file BK right away but I think I'm about to be sued) What is my defense? Do I actually go to court and fight with a defense of DV? What are the chances of them winning the case and actually being able to validate the debt?
    Fighting a lawuit by a creditor is only buying you time. The judges are very creditor friendly, and eventually they will win and get the judgement. I would not expect a DV to help you win the suit, it will just buy you time until you file for bankruptcy.

    Of course this is only my opinion, and ymmv, but the vast majority of creditor lawsuits end up in judgments, although most are default judgments. If you actually show up, and you actually owe the debt, (ie it's not ID theft or something) sooner or later the creditor will be able to show enough to satisfy a creditor-friendly judge and get the judgment.

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  • whyme
    started a topic Ok, say I get a summons from a collections law firm

    Ok, say I get a summons from a collections law firm

    What should I do next? (I may not want to file BK right away but I think I'm about to be sued) What is my defense? Do I actually go to court and fight with a defense of DV? What are the chances of them winning the case and actually being able to validate the debt?

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