Statement of Claim

[Piglet63699]

I came home today to find a Summons sitting on my front porch, stating that I am being taken to small claims court by a CA. It was filed in office on 5/29/09. According to AL law it has to be handed to someone, which it was not. What do you suggest I should do? I do owe this debt, but not to them and I have never contacted or spoken with them. The original debt was written off 8/07.

[jjgross]

Originally Posted by Piglet63699

I came home today to find a Summons sitting on my front porch, stating that I am being taken to small claims court by a CA. It was filed in office on 5/29/09. According to AL law it has to be handed to someone, which it was not. What do you suggest I should do? I do owe this debt, but not to them and I have never contacted or spoken with them. The original debt was written off 8/07.

Call the court house and see if the case has been filed,if it has be ready to go to court.also counter sue in federal court for improper service.

[Piglet63699]

Thanks. I called the court today and told them how i found the letter and she told me to return it with a letter stating how i found it and she would give it to the judge. No judgement has been filed yet. I am sending the letter today. I called the OC and was told that it is out of their hands and I have to deal with the CA. What should I do now? Should I contact the CA and offer a settlement or since I have received a summons is it too late? I am so stressed over this.

[jjgross]

Originally Posted by Piglet63699

Thanks. I called the court today and told them how i found the letter and she told me to return it with a letter stating how i found it and she would give it to the judge. No judgement has been filed yet. I am sending the letter today. I called the OC and was told that it is out of their hands and I have to deal with the CA. What should I do now? Should I contact the CA and offer a settlement or since I have received a summons is it too late? I am so stressed over this.

Sit down take a deep breath and relax.Why should you offer a settlement to a ca,you have no contract with them!What is the debt for ?how old is it?If you settle its still on your credit report if they don't remove it don't pay it.

[Piglet63699]

The OC is Lowes and they wrote it off 9/22/07. I called them today and they told me that it is out of their system and I have to deal with the CA. Which the one he told me they sold it to is not even listed on my credit report. I mailed the letter to the court today stating that I found the summons in my yard, so that will buy a little more time. I think I will try a PFD letter and payment to Lowes stating it is for them and them only, I do not want to pay the CA. Do you think that is my best bet? I have had no contact with any CA on this account. If Lowes does cash my check for payment in full the CA has to stop reporting it, correct? Thanks for all of the advice, I would be completely lost.