Debt to Summons

[Doublecredit]

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 never heard of this company and the debt has been sold / bought a couple of times.

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

One thing that did a stand out as flag was a member name semi-blocked out that I do not recognize on the filed paperwork to the court. There was no attempt from this new company to email, mail, or call me - right to lawsuit.

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!

 

[Zigner]

Time for debt validation is over. The SOL is irrelevant because a suit has been filed. You will need to address this on its merits and not rely on delaying tactics.

We cannot advise on what the content of your answer should be. If you need assistance, you should speak to an attorney.

 

[zddoodah]

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

Section 508:4 states as follows:

"I. Except as otherwise provided by law, all personal actions, except actions for slander or libel, may be brought only within 3 years of the act or omission complained of, except that when the injury and its causal relationship to the act or omission were not discovered and could not reasonably have been discovered at the time of the act or omission, the action shall be commenced within 3 years of the time the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal relationship to the act or omission complained of.

II. Personal actions for slander or libel, unless otherwise provided by law, may be brought only within 3 years of the time the cause of action accrued."

Where are you coming up with 9/28/22 as being a date of any significance? And what difference does it make since the lawsuit was filed before that date?

I have never heard of this company and the debt has been sold / bought a couple of times.

Fairly standard stuff. Does the complaint that was served on you allege an original creditor that you recognize and the chain of sales/purchases of the debt?

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

Ummm...it's February 2. Even if your 30 days starts today (and, hence, expires on March 4), September 28 is still another 208 day after that. And, again, since the lawsuit has been filed -- apparently before the expiration of the statute of limitations -- why does any of this matter?

One thing that did a stand out as flag was a member name semi-blocked out that I do not recognize on the filed paperwork to the court. There was no attempt from this new company to email, mail, or call me - right to lawsuit.

Huh?

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?

Not sure what you're asking. The typical way to respond to a complaint is either to generally deny the allegations or admit or deny each individual allegations and then allege whatever affirmative defenses might be applicable based on the relevant facts. Once you've filed a responsive pleading, you can serve discovery requests to obtain evidence to support the plaintiff's allegations.

Do you actually dispute that you owe the debt? If not, your time, efforts and money would probably be better spent on trying to settle.

 

[adjusterjack]

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?

How much money are you being sued for?

Is it in small claims court or regular court?

If it's in small claims ($10k or less) there is no "discovery" which means that the plaintiff doesn't have to "validate" anything until the trial or the mandatory mediation (mediation required if over $5k).

I suggest you study up on the NH small claims process so you know what's coming. Pay attention to the links in the following webpage.

Small Claims | New Hampshire Judicial Branch (nh.gov)

If the suit was filed in the Superior Court, you'll need to follow the Rules of the Superior Court which are much more rigorous.

Rules of The Superior Court of the State of New Hampshire | New Hampshire Judicial Branch (nh.gov)

 

[Doublecredit]

Thank you for all the info.
The lawsuit is for just over $12k and is in Superior Court.
I have until Feb 28 to file a response.
I'd rather not pay at all, but feel I am owed a full validation/verification of the debt in question.
I feel that it is bullshit that a company i have no business or historical with can buy an alleged debt, hire an attorney, and file a civil suit with never contacting me to discuss. That feels like some collection rules were broke.

 

[doucar]

not from what you outlined.

 

[Zigner]

Thank you for all the info.
The lawsuit is for just over $12k and is in Superior Court.
I have until Feb 28 to file a response.
I'd rather not pay at all, but feel I am owed a full validation/verification of the debt in question.
I feel that it is bullshit that a company i have no business or historical with can buy an alleged debt, hire an attorney, and file a civil suit with never contacting me to discuss. That feels like some collection rules were broke.

That's what you agreed to when you signed up.

 

[adjusterjack]

The lawsuit is for just over $12k and is in Superior Court.
I have until Feb 28 to file a response.

Google something like "how to file an answer to a debt lawsuit." I recall several sites that offer guides.

I'd rather not pay at all, but feel I am owed a full validation/verification of the debt in question.

You can engage in "discovery" after you have filed your response. I'm sure that the plaintiff will be happy to provide that documentation.

I feel that it is bullshit that a company i have no business or historical with can buy an alleged debt, hire an attorney, and file a civil suit.

The law and very likely your contract allowed for that.

with never contacting me to discuss.

You had two years to "discuss" your debt with your creditor, and you didn't. Your creditor has no obligation to "discuss" it with you.

That feels like some collection rules were broke.

Dunno. Don't think so.

 

[zddoodah]

I'd rather not pay at all, but feel I am owed a full validation/verification of the debt in question.
I feel that it is bullshit that a company i have no business or historical with can buy an alleged debt, hire an attorney, and file a civil suit with never contacting me to discuss. That feels like some collection rules were broke.

The only viable response to this is too bad. I bet your original creditor thought it was BS that someone could incur a debt and not pay it, resulting in the creditor believing its best option was to sell the debt for pennies on the dollar. Nothing you have described is a violation of any debt collection law, and you're not entitled to anything other than responses to discovery (as I mentioned previously).

I'll ask again: Does the complaint that was served on you allege an original creditor that you recognize and the chain of sales/purchases of the debt? Also, again, do you actually dispute that you owe the debt? If not, your time, efforts and money would probably be better spent on trying to settle.

 

[quincy]

Thank you for all the info.
The lawsuit is for just over $12k and is in Superior Court.
I have until Feb 28 to file a response.
I'd rather not pay at all, but feel I am owed a full validation/verification of the debt in question.
I feel that it is bullshit that a company i have no business or historical with can buy an alleged debt, hire an attorney, and file a civil suit with never contacting me to discuss. That feels like some collection rules were broke.

That is a sizable debt. It is unlikely that you have forgotten how this debt was incurred. These large debts are often handed off from the original creditor to collection agencies.

Once you file an answer to the complaint - admit, deny, neither admit nor deny, along with any defense you might have - you can then attempt to settle the debt before trial, if you have or can get funds to pay off a significant portion of the amount owed. Some collectors will prefer to settle for less than the balance owing rather than getting a judgment and spending additional time and money garnishing wages, freezing bank accounts and attaching and selling assets.

Here from a former debt collector and now attorney (Tiger D) is some advice on negotiating a settlement:

https://forum.freeadvice.com/threads/how-to-negotiate-a-settlement.428587/

Because of the size of the debt, you might want to seek out assistance in dealing with the lawsuit and possible settlement negotiations.

 

[Doublecredit]

No. The name of the new company that said they acquired from an this other company is not a name that I recognize. Additionally, I had noted that the member name listed on one doc is not a member name, user name, or login I recognize. Yes, I had a debt, but I believe that is where I am entitled to some proof it was indeed mine, correct? That is the part that bothers me. This company setup a lawsuit without trying to contact me? 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.

 

[quincy]

No. The name of the new company that said they acquired from an this other company is not a name that I recognize. Additionally, I had noted that the member name listed on one doc is not a member name, user name, or login I recognize. Yes, I had a debt, but I believe that is where I am entitled to some proof it was indeed mine, correct? That is the part that bothers me. This company setup a lawsuit without trying to contact me? 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.

When you are in default on a credit agreement, the creditor can move right to a lawsuit.

 

[Zigner]

No. The name of the new company that said they acquired from an this other company is not a name that I recognize.

That is not the question that was asked. The question is whether or not you recognize the *original* company.

Additionally, I had noted that the member name listed on one doc is not a member name, user name, or login I recognize. Yes, I had a debt, but I believe that is where I am entitled to some proof it was indeed mine, correct?

You can figure this out during discovery.

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

There is no requirement that they attempt additional contact with you. I'm sure there's been plenty of contact leading up to this.\

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.

Ahhh, the "neener neener" defense. That's always a winner.

 

[Doublecredit]

There has been NO contact with me from this company. None, zero, nada, no calls, emails, or letters. Just the sheriff with the papers.
I DO NOT recognize the name they are referring to as the "original" creditor.
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.

 

[Doublecredit]

I reached out to an attorney to get some additional direction on this.