I received a civil-case summons complaint and I need to answer it within 28 days or else they could garnish my paychecks. It's over an alleged credit card debt and the plaintiff is the original party and not a 3rd-party collector.
I mailed 3 letters forming a tacit contract with the creditor before they filed the complaint. The letters requested the following: 1) Validation of the debt (the actual accounting or proof that they lent me anything), 2) Verification of their claim against me (a sworn affidavit or hand-signed invoice in accordance with the Uniform Commercial Code), 3) A copy of the contract signed by both parties therefore binding both parties.
They have failed to produce any of the requested documents and therefore agree that there never was any debt. I have the return receipts for these letters to prove that I sent them.
My question is: should I write their attorney explaining this and ask for them to drop it? I called the court and they said if I mail my answer to the court that it won't stop anything from happening. I want to stop my paychecks from being garnished and I want to stop the lawsuit from happening and going to court. What do you think?
1 Answer from Attorneys
1. The letters you mailed your creditor did not form a contract, express, implied, or otherwise.
2. Since this was for credit card debt, no "contract signed by both parties," is needed for the creditor to prevail.
3. You are wrong that by failing to respond to your letter, the creditor "agrees" that there was never any debt.
Don't believe everything you read on the internet. Much of it is wrong.
Writing their attorney will do little good. Like it or not, you've got to participate in the legal process.
Get yourself an attorney or else you will find your paychecks garnished.