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First question I have is How can a person find Lending Tree mortgage leads using the internet, free prefably? Looking forward for any comment. My 2nd question... Before a collection agency gets a judgement filed on you, are you required to be served papers to show up in court or is it not necessary? I ask because I currently have an attorney's office calling me (Golden Wexler & Sarnese) but I haven't received anything in writing from them (to my knowledge) I'm wondering if they can just enter a judgment and I wouldn't find out until I pull my next credit report.. |
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That's a good question. I'm not sure what is the right answer to your question. I'll do some research in Google and get back to you if I got an decent answer. You should email the people at Lending Tree as they probably could give you help..
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No. They will have to sue you first. If you get a citation or summons, you will need to answer the petition/complaint. If you do not answer the complaint, then then can get a default judment against you WITHOUT notifying you any further (in most states)..
If you get sometyhing from the court called a summons, just answer the suit denying everything except your name. Or you should just get a lawyer... |
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I don't know what state you are in but I'm in Florida and in order to sue someone you have to show "proof of Service" or in other words the person (or a relative) has to be served in order for the hearing to be done. I sued a guy and his mother was served at his known address and he never showed up in court so I got a "judgement by default." So, you need to find out if you were served and when the date of the hearing is or the CA will get a judgement by default. Then they can (depending upon your states rules) place a lien on your property, garnish your wages, etc....
I'd find out!. At least if you go to court and they have a mediator you can maybe work out a payment arrangement there... |
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Yes, they are definitely an attorneys office. I looked them up..
I had Household finance come after me for $3000 and they sent me some paperwork and I had 20 days to respond before a judgment was filed.. My wife has 2 judgements on her record and she cant remember ever being notified in advance of the impending judgements. It's quite possible that she just ignored the paperwork though.. This debt is recent, a couple of months old and for $1000. I doubt that an attorneys office will settle for sending threatening letters right, they'll probably file a lawsuit.. Thanks for the input everyone.. Luke.. |
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If you do not answer the complaint, then then can get a default judment against you WITHOUT notifying you any further (in most states)..
Rocket1977. ======================. A lot of innocent folks who don't owe the money get taken this way don't they?. LB 59.. |
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Usually I see this happening: The sheriff serves the wife/husband or one of the teenagekids who forgets to tell the person being sued about it. AS long as the person getting the papers lives with the defendant, and is of suitable age and discretion, then that is called domicilary service, and service is proper. Since the defendant never knows about the suit in this case, he does not answer and gets a default judgment taken against him..
I do not know the service rules in all states, but some states allow for service by certified mail. That is exactly why you go ignore certified letters. You never know if one of those letters is a suit. IN most states, a refusal to accept a certified letter is deemed as acceptance and that you got the letter... |
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This whole thing scares me since I just had a debt sold to a law firm. My amt is much higher at 9500 though. I did send a validation letter to them on the advice of other creditnetters though. This may be something you want to do before they try to sue...
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I am currently dealing with the same firm (G,W&S). They served a summons at my home. I responded by certified mail to both them and the court - denying the allegations. I then called the court house once a week to find out if they ever filed a.
Service of summons" and they did not. Next they tried to strong arm me by demanding payments of $500 a month. I refused to speak to them on the telephone. I then requested validation (again by certified mail - with a copy also being sent to the court house.) In return they sent me this legal form with all of these questions that would have made ME the person validating the debt - not them. So - to every single question I responded that I was unable to answer due to the fact that they never sent me the validation I requested. (Again, copies went to them and the court house.) I requested the validation AGAIN - around the 3rd week of December and haven't heard a word from them since. They're a nasty group so don't talk to them AT ALL - do EVERYTHING by certified mail and if they involve the court (or claim to have involved the court) send copies of ALL of your dealings with them (and your responses) to your local court house so that you're "covered" if they try to get a judgement by saying you never responded.... |
