Debtors' Rights Attorney
Stanton,#2Consumer Suggestion
Mon, February 16, 2009
Dear Anonymous, You have 30 days from the day you were served to file an Answer in the court they sued you. Rory Clark and his client Worldwide are notorious for their collections tactics. I have represented clients against them in the past. You are fortunate that you were actually served at all. Sometimes they don't serve you and say they did and you don't find out until they garnish your wages. The bottom line is you have to file an answer. This will cost you a filing fee but their should be a form called a "general denial" you can obtain from the court online. It is ABSOLUTELY A MUST that you file this. Mr. Clark is banking on you NOT doing this, because most people don't and then they can move for harsher (but legal) collections methods, such as a garnishment. After you file an answer, you have to become educated on how to defend the law suit in the next stages. You should consult with a consumer lawyer. I practice in this field and would be glad to help you. It sounds like you also have claims to damages and statutory penalties against the collection agency(s) for violating the Fair Debt Collections Practices Act and the Rosenthal Act for the manner in which they tried to collect from you. A good lawyer who knows what he is doing should be able to represent you for little or even no fees up front if you have a solid case. YOU NEED TO ACT FAST because of time deadlines: 30 days to answer, and a statute of limitations of 1 year for each violation of the FDCPA