Can you call to settle after a subpoena?

[dsam]

What is the name of your state (only U.S. law)? Maryland

A friend of mine has been issued a subpoena... well there was an attempt made to issue the subpoena but she was not around when the sheriff came by. Anyway, the debt collector is taking her to court for $1200 (including interest and fees), the original debt was for around $400. What are her options? At this point can she reach out to the debt collector to try and settle the debt before this goes any further? Also, she said they have not validated the debt. Is it too late to request that they do so? Or is it safe to assume the debt has been validated since they have filed with the court?

Also, since she has not been served the subpoena, there is no danger (yet) of any default judgement being made against her correct?

Any advice or suggestions would be greatly appreciated.

 

[quincy]

What is the name of your state (only U.S. law)? Maryland

A friend of mine has been issued a subpoena... well there was an attempt made to issue the subpoena but she was not around when the sheriff came by. Anyway, the debt collector is taking her to court for $1200 (including interest and fees), the original debt was for around $400. What are her options? At this point can she reach out to the debt collector to try and settle the debt before this goes any further? Also, she said they have not validated the debt. Is it too late to request that they do so? Or is it safe to assume the debt has been validated since they have filed with the court?

Also, since she has not been served the subpoena, there is no danger (yet) of any default judgement being made against her correct?

Any advice or suggestions would be greatly appreciated.

Was this a subpoena or a summons and complaint?

Is your friend aware of the date and time of the court hearing? How was she made aware of it?

If a court action has already been filed, the amount the creditor will be looking to collect will include court costs. If served with a complaint, she will need to respond by filing an answer to the complaint or a default judgment can be entered against her.

She could try to settle with the creditor prior to trial but the creditor does not have to accept anything less than what is owed.

 

[Zigner]

One point that wasn't addressed above: Validation doesn't do what you think it does. She's being sued, there is no requirement for validation at this point.

 

[dsam]

One point that wasn't addressed above: Validation doesn't do what you think it does. She's being sued, there is no requirement for validation at this point.

Thank you! I figured but I wasn't sure

 

[dsam]

Was this a subpoena or a summons and complaint?

Is your friend aware of the date and time of the court hearing? How was she made aware of it?

If a court action has already been filed, the amount the creditor will be looking to collect will include court costs. If served with a complaint, she will need to respond by filing an answer to the complaint or a default judgment can be entered against her.

She could try to settle with the creditor prior to trial but the creditor does not have to accept anything less than what is owed.

The Sheriff did not leave anything and she has no information on the court date/time.
I will suggest that she contact them to try and work out a settlement and hopefully avoid additional court costs and fees.

 

[dsam]

Forgot to mention, someone told her that a Sheriff came by looking for her and asked when she would be back around