My state is Texas.
Recently my dad has received notification for a motion for summary judgment from an attorney representing a collection agency.
A little over a year ago, my dad was originally served by this collection agency with a summons to appear in court. He disputed the debt and sent in a plea of not guilty (or whatever it is you do in such a case), but he also sent in a request for validation of debt to the attorney and a copy of the request to the county clerks office. The collection agency did not respond for a few months, and then they suddenly switched attorneys, so my dad sent another request for validation of debt to the new attorny.
This request was sent via certified return receipt in August of last year. He has not received anything from them until only a few days ago (motion for summary judgment).
Now here is a portion of the letter that was included with the notification my dad has recently received:
"Dear (County Clerk):
Enclosed you will find an original and one copy of Plaintiff's Motion for Summary Judgment to be filed in regard to the above referenced matter. Please file-mark the copy and return it to my office in the enclosed stamped, self-addressed envelope.
Also enclosed you will find an Order Setting Hearing. Please submit said order to the Judge for setting. After its execution, please return a file-marked copy to my office and I will properly serve the Defendant."
I need to know how he should respond to this. How should he go about it?
Any all information/advice will be greatly appreciated. Thanks in advance.
Recently my dad has received notification for a motion for summary judgment from an attorney representing a collection agency.
A little over a year ago, my dad was originally served by this collection agency with a summons to appear in court. He disputed the debt and sent in a plea of not guilty (or whatever it is you do in such a case), but he also sent in a request for validation of debt to the attorney and a copy of the request to the county clerks office. The collection agency did not respond for a few months, and then they suddenly switched attorneys, so my dad sent another request for validation of debt to the new attorny.
This request was sent via certified return receipt in August of last year. He has not received anything from them until only a few days ago (motion for summary judgment).
Now here is a portion of the letter that was included with the notification my dad has recently received:
"Dear (County Clerk):
Enclosed you will find an original and one copy of Plaintiff's Motion for Summary Judgment to be filed in regard to the above referenced matter. Please file-mark the copy and return it to my office in the enclosed stamped, self-addressed envelope.
Also enclosed you will find an Order Setting Hearing. Please submit said order to the Judge for setting. After its execution, please return a file-marked copy to my office and I will properly serve the Defendant."
I need to know how he should respond to this. How should he go about it?
Any all information/advice will be greatly appreciated. Thanks in advance.
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