I was served a Summons & Complaint for a debt I already paid

[cfp022]

I reside in California and have an old charge-off from 2005. Just as I had settled the debt in full, I found out Capital One's collection attorney, Brachfeld & Associates had filed a Summons & Complaint. I receved written confirmation from Brachfeld & Assoc that the debt is considered paid and I have no further obligation, however I was still served the legal docs. I have faxed Brachfeld & Associate's office a letter, as well as left several messages relating to this matter, they will not talk to me about it. Since the debt is paid they just need to file a Request for Dismissal. I suppose I can file an Answer with my payoff letter as an exhibit, but I don't have the $320 to file the answer and don't qualify for a fee-waiver. I would just show up at court on the hearing date but one has not yet been established. Any advice?

[Skapare]

Originally Posted by cfp022

I suppose I can file an Answer with my payoff letter as an exhibit, but I don't have the $320 to file the answer and don't qualify for a fee-waiver. I would just show up at court on the hearing date but one has not yet been established. Any advice?

I've never heard of a need to make a payment, especially so high a payment, just to file a written answer to a summons (but I am not in California, I am in West Virginia).

You do at least need to carefully read exactly what the summons says you must do, and follow through with that. Do not assume the lawyers on the other side will do the right thing as they are not your lawyers. Get your own lawyer (at least here in WV, most do give a 30 to 60 minute initial consultation for free from which you can get an idea how deep you are in).

I hope someone that knows the law in California can see your post soon and give some relevant ideas ... and tell me if things are really that messed up in California.