Debt to Summons

[quincy]

Have you checked all of the major credit reporting agencies (Experian, TransUnion, Equifax) to see how the debt is listed on your reports? That will often show you not only the original creditor but the chain of collection agencies that purchased your debt.

You can get copies of your credit reports for free once each year. https://www.consumer.ftc.gov/articles/free-credit-reports

 

[zddoodah]

Yes, I had a debt, but I believe that is where I am entitled to some proof it was indeed mine, correct?

As I wrote in my first response in this thread: Once you've filed a responsive pleading, you can serve discovery requests to obtain evidence to support the plaintiff's allegations.

At this point contacting them and/or their attorney doesn't seem like the path to take to settle, as they never connected with me to begin with.

I see no logic in this statement. The only path to initiate settlement talks is by calling the plaintiff and/or its lawyer. That the plaintiff never contacted you before suing is 100% irrelevant to anything.

 

[quincy]

The minimum contact needed is a response to the summons and complaint. Ignoring this is not going to make it go away.

 

[adjusterjack]

I believe that is where I am entitled to some proof it was indeed mine, correct?

You'll get that during discovery or at the mediation hearing.

That is the part that bothers me. This company setup a lawsuit without trying to contact me?

Implying that the company wronged you in some way? No, they didn't.

At this point contacting them and/or their attorney doesn't seem like the path to take to settle,

You'd be right if you had neither the money nor the desire to pay.

You'd be wrong if you had the money to offer a discounted cash settlement. However this debt arose, you may have had a contract with an attorney fee provision that says you pay their attorney fees if you lose. That could add many thousands to the judgment if you allow this to be dragged through the court process.

I DO NOT recognize the name they are referring to as the "original" creditor.

So? Call up and ask for additional information now. Never hurts to ask.

Although a quick Google search does note this company is known for using thus tactic in hopes people do not respond and court finds in their favor so they can get garnishment judgments.

All collection agencies do that.

I agree with Quincy that you should check your credit reports. A debt this big and this recent is very likely to give you all the information you need.

One more thing. Check out the following search results about how to defend yourself against a collection agency lawsuit.

new hampshire defense against collection agency lawsuit at DuckDuckGo

 

[Litigator22]

What is the name of your state? NH

I was served a summons in a civil action on a 2+ year old debt. Call me a deadbeat (that is fine), but I am looking for advise.

Per NH SOL RSA 508:4, the debt goes "dead" on 09/28/2022.

I have 30 days to file, which I will use to get closer to September date. (?)

What 'answers' can I or should I put on the electronic file back to the court to delay this and have them fully validate this debt before proceeding to judgement?

Thank you for your time and advice!

Before you start thinking seriously about setting a course of prolonging the existing lawsuit under the delusion that the plaintiff's claim "goes dead" if you can extend the outcome until after 09/28/22, please re-read your cited New Hampshire statute. Contrary to what your apparent thinking an operative statute of limitation does not continue to run until such time as the claim is fully adjudicated.

All such statutes specify that the pertinent action needs only to be filed/commenced/brought within the prescribed time; not that it must be judicially resolved within that time period. And here it is made clear that the plaintiff's filling was well under the 3-year wire.

Furthermore, you need to be made aware that the more you protract the inevitable outcome the more work will be needed on behalf of opposing counsel in confronting your factitious designs and the more it is going to cost you in the form of the court's tacking on to the judgment an award of plaintiff's attorney fees.

Lastly, on this business of validation of claim please understand that the plaintiff/claimant (whether the original creditor or an assignee of the original) is under no obligation to verify and prove the merits of its claim until the time of trial, or pursuant to a motion for summary judgment.

That is, unless you invoke the right to seek pre-trial discovery. Meaning complex, time consuming processes that are likely as alien to you as are New Hampshire's laws on limitations of action.