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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33730
Experience:  Attorney with 15 years experience in various consumer protection areas
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I got a summons and complaint notice from a collection

Customer Question

I got a summons and complaint notice from a collection agency.
* I entered in panic mode. Called the collection agency, and paid what they demanded.
* They told me not to respond to the summons and complaint that everything will be taken care by their legal team.
I still haven't heard anything from them or the legal team and I missed my 20days to answer. Is there anything I can do?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Did you check with the court to make sure that there actually was a civil case filed against you?

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How did you actually receive the summons and complaint? Was it served on you by a sheriff or process server?

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Thanks

Barrister

Customer: replied 1 year ago.
I did called the court right after I got the notice and it is valid.
The notice was served by a process server.
Expert:  Barrister replied 1 year ago.

Ok, just wanted to make sure that it was legitimate and not just a scam from the collectors, as they are known to do things like this to scare debtors into paying.

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If you paid the debt, then the creditor would have an obligation to dismiss the case as satisfied and shouldn't proceed. However, some unscrupulous ones do if you don't respond to the summons and file an Answer.

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With that said, if they did go ahead and get a judgment, then you could file suit against them for defamation and libel because they have no legal grounds to get a judgment if you have paid them.

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I would check with the clerk and see if they have dismissed the case or not and if they haven't, send the clerk a letter titled Answer and state that you paid off the debt to the creditor on whatever date you did. That will put the court on notice that you are claiming to have satisfied the debt and the judge would then ask them if they tried to get a default judgment against you.

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thanks

Barrister

Customer: replied 1 year ago.
Thank you. I will go ahead and submit my answer and just to be sure, this is an answer with an affirmative defense saying that the debt is already paid, correct?
Expert:  Barrister replied 1 year ago.

That is absolutely correct. Contact the clerk and make sure that they haven't filed a motion for default judgment. Even if they have, file your Answer.

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thanks

Barrister