Legal Question in Credit and Debt Law in Nevada

Received Summons

I revceived a summons from a lawyer here in nevada on behalf of a credit card company for a credit card bill from an account they said I opened in July of 1999. On my credit report is shows as a charge off. I dont recall this and & if I did open this account I did not charge up to $2,500. Dont I have to see what these charges are for and if I made them? can I send a certified letter to the lawyer asking for that info, and if I don nothing can they garnish my wages?


Asked on 4/04/06, 3:12 pm

2 Answers from Attorneys

Grenville Pridham Law Office of Grenville Pridham

Re: Received Summons

Did you ever get any letters or telephone calls from a debt collector regarding this debt?

You need to answer the complaint. That means you must file an answer with the court and mail a copy to the attorney. If you do not file your answer within 20 days of service, the attorney will default you and take judgment against you for the amount.

You need to know when you last made a payment on the credit card as there would be a 6 year statute of limitation or a 4 year statute of limitation depending on whether the credit card was issued by the merchant or a bank.

If the debt is not yours, there may be a violation of the Fair Debt Collection Practices Act. If the debt is stale and the complaint was filed after the statute of limitations has expired, there is a violation of the FDCPA.

You need to send the attorney a certifid letter, receipt requested, or fax (so you have proof of service) requesting verification of the debt and explaining that you dispute the debt. This letter is separate from the answer.

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Answered on 4/06/06, 1:06 pm
Joel Selik www.SelikLaw.com

Re: Received Summons

You had better file a proper document with the Court (usually an answer/affirmative defenses) or they will take a default judgement and then they can garnish wages etc and it will be too late to get the information and attack the case.

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Answered on 4/04/06, 3:24 pm


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