Received a summons with no court date, no court address and no case number, for a credit card debt.

Asked almost 2 years ago - Puyallup, WA

This is for a credit card debt that is over 3 years old but not 6. The collection agency is asset acceptance and are represented by a law firm in belleview wa.

the summons is dated 10 days ago and was hand delivered.

if this summons is not real and fdcpa has been violated, can i counter act.

Attorney answers (4)

  1. Elizabeth Rankin Powell

    Contributor Level 20

    3

    Lawyers agree

    Answered . In Washington a Plaintiff can commence a lawsuit by either filing it, or serving it. Either is acceptable. It appears that you have been served and that the lawsuit has not yet been filed. This doesn't mean it is "fake". If you do not appear or answer, on the day after your appearance or answer is due the plaintiff will take the suit to the appropriate court, file it, and get a default judgment against you and commence collecting it.

    That said, Suttell & Hammer frequently files debt collection lawsuits where they do not have good documentation of the underlying debt. Their "witnesses" are out of state, sometimes robo-signers, and they can be brought to heel with an organized defense.

    But don't fall for the ruse that this suit is somehow invalid. Elizabeth Powell

    Using Avvo does not form an attorney client relationship.
  2. Thomas Martin Morningstar

    Contributor Level 12

    2

    Lawyers agree

    Answered . I agree with Ms. Powell. Washington has this odd practice of allowing filing and service of summons and complaint to occur in any order. Think of it as a shot over the bow or a last chance to avoid getting tagged with a court file number in your background. Right or wrong those case numbers just don't go away, so winning can still leave a nasty mark. Credit card debt is almost certainly a written contract, which has a 6 year limitation period.

  3. Paula Brown Sinclair

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . Without delay, contact an experienced consumer rights attorney who welcomes FDCPA cases. As a general rule, notification of the case number and court are required as a matter of due process, but you need the precise advice of an attorney who can see wht papers were served on you. Be aware, however, that defective service is readily correctable.

    Best wishes for a favorable outcome, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.
  4. Mohammad Ahmed Faruqui

    Contributor Level 11

    2

    Lawyers agree

    Answered . Before you jump to FDCPA, check whether Paula's advice applies in your situation. If it is a Washington state law firm and her advice applies, look for some other hook to apply the FDCPA. Perhaps the collection lawyers not licensed to practice law in your state?

    The hiring of a lawyer is an important decision that should not be based solely upon any single source of... more

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