Civil Summons in KY. I was notified that a Civil Summons was filed against me in the attempt to collect a debt for computers purchased from Dell Financial approximately 7 years ago. I replied to the District Court within the 20 days required on 12/3/12; stating that I "DENY" the claims that money is due to Dell Financial. I stated that the reason that there is an outstanding balance is due to their NOT deducting discounts and applying rebates that were offered at the time of my purchase - AND - that I have paid over and beyond the original purchase price. Dell Financial shows that I owe them MORE than the original purchase price of equipment after my paying on the account for over two years. // I thought that the Plaintiff had to respond within a certain number of days. They sent me a letter dated 2/16/13 stating that I need to reply within 30 days to provide Documents and Admit that I agree that the money is owed to Dell Financial
(approx $3800). They also list 17 Interrogatory Questions, that basically show me admitting guilt again. // This letter was sent from the Debt Collector Law Firm that filed the Civil Suit, NOT the District Court office. // My questions are: Is this merely a ploy to attempt to SCARE me into accepting the debt, which will then implement me and force me to pay? Is this something that I LEGALLY need to respond to? Should I retain counsel to protect me and proceed with litigation? OR - for $ 3800, will I quickly eat that up in law fees and possibly be responsible to pay the debt anyway? If this is the case, I would think that I would be LESS money out of pocket to accept and pay what they say I owe, even though this is not the case. Please advise how I should proceed.
1 Answer from Attorneys
You need to consult an attorney. You may have a claim under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act (if the debt is listed incorrectly on your credit report). If you have these claims, you should be able to resolve this action with the assistance of an attorney by filing a counter lawsuit against the debt collector and asking for damages and attorney fees against them for attempting to collect an incorrect debt. Again, I would consult with an attorney before proceeding.