Robert
Irvine,#2Consumer Comment
Tue, November 13, 2012
Is to not ignore this.
While this is totally 100% Non-Legal advise, it does actually appear that not only is this legal but you are actually one of the lucky ones. As many times these collection agencies will not "serve" you properly and the first time you hear about the suit is when you find out your paycheck is being garnished.
You need to read the summons over in detail and make sure you follow and meet all of the deadlines. This includes filing an response/answer if one is required. If you don't meet these deadlines you may find that a judgement will be entered against you without you even going to court. The biggest thing to keep in mind that any answer you provide to the courts could be used in court against you. For example if you say something like "Yea I do owe them $1,600, but not the $2,000 they are saying" the court may say..okay and put a judgement against you for $1,600.
Then what ever you do DO NOT miss your court date. If you do, you again will probably have a judgment entered against you.
When you get to court make sure you get them to prove that they Have the right to sue, they can prove the amount you owe, and that they are still within the Statute of Limitations. But know that if they can do all of this you will loose..so if you know you owe it it may be to your advantage to work out a deal..IN WRITING before court. But even if you do work out a deal...still go to your court date(even if they say you don't have to) to make sure that they don't try to pull something sneaky.