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HCLegal
HCLegal, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 423
Experience:  I have won over 1500 Debt Lawsuits, saving my clients over $12,000,000.
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I just served a Summons about a fraudulent account in my name

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I just served a Summons about a fraudulent account in my name by a collector (Persolve, LLC, a limited liability company, dba, Account Resolution Associates) who I sent a certified mail to show proof of the signed contract in my name after I saw their name on my credit report. How do I handle this in California.

HCLegal :

Hello and thank you for your question.


 

HCLegal :

You need to file a response to the summons. Just sending a dispute letter to the creditor will not stop the lawsuit.

HCLegal :

Its really a good idea to either hire or at least consult with a local consumer law attorney regarding the lawsuit.

HCLegal :

Most of these cases can be won even if you do legitimately owe the money.


 

HCLegal :

you can find an attorney in your area by going to www.NACA.net


 

HCLegal :

What other questions do you have regarding this matter?


 

Customer:

What kind of attorney do I look for?


 

HCLegal :

You would want a "consumer law attorney"

HCLegal :

Some that has experience in defending debt lawsuits

Customer:

I got served today both the stamp on the Summons say 8/27/12. I am 10 days into the 30 days?

HCLegal :

No, the 30 days starts when you were served which would be today. The date of 8/27 is most likely the date the summons was issued by the court.

HCLegal :

If you think of any other questions or need clarification on any part of my answer please let me know.

HCLegal :

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http://www.justanswer.com/law/expert-HESTONCIMENTpllc/

Customer:

Can you explain a little bit into this "Most of these cases can be won even if you do legitimately owe the money." Thanks


 

HCLegal :

When they sue you like this the must be able to prove their case in court. Most of the time debt buyers like this do not have the documents they need to actually prove you owe the debt and that you owe it to them and not the original creditor.


 

HCLegal :

In my experience in handling over 2500 of these cases, is that these lawsuits are really just scare tactics designed to get you to call them and pay, or they are hoping that you continue to ignore it and they win by default.

Customer:

That is exactly what I taught since they did not come back to me after they received my certified letter. Can I also sue them for not responding to me and all of a sudden get a summon.

HCLegal :

If you sent them the dispute letter BEFORE they filed the lawsuit and they did not respond to your dispute letter before filing the lawsuit, then YES you would be able to sue them under the Fair Debt Collection Practices Act ( FDCPA )

HCLegal :

When you dispute a debt they must suspend all collection activity until they have sent you verification of the debt.

HCLegal :

If you do not have any other questions please take a moment to rate my answer below.

HCLegal :

My goal is 5 stars or smiley faces!! Thanks

Customer:

What is the statute of limitations for California. Just curious. You defiantly get a 5+. Very impressed.

HCLegal :

One moment, let me check on that for you...

HCLegal :

In CA it is 4 years from when you stopped paying

HCLegal and 2 other Consumer Protection Law Specialists are ready to help you

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