Hi,
In December 2009 received letter from a collection agency. Responded with request for validation, CMRRR. Never got a response from them. I do have the return receipt.
Just received from sheriff's office, civil complaint from Court of Common Pleas. Being sued for less then 2K. Plaintiff filed in the wrong county, not mine nor his. Now even more confusing is the original complaint was stamped. RECEIVED March 2010. Next to that is another stamp saying Complaint Reinstated April 2010. Never got anything about this until now.
So, I'm confused. SOL was up March 2010. But which date applies as far as their filing?
How do I answer with regards to wrong venue and the ignored request for validation from December? They seemed to have violated The FDCPA, no? So what should my next move be?
I'm so confused. Thanks for taking the time to read my ranting questions.
received civil complaint
Hi Rae,
As you have received a civil summons and complaint, you will have to answer to that. Read the complaint carefully. It mentions all the claims made against you. In the answer to the summons you can defend yourself against these claims.
However, this case can get dismissed due to filing in the wrong county. You can upheld that case. Moreover, your debt hasn't been validated. So, you need to mention that in your answer to the summons. For either answering to the summons, and filing a motion to dismiss the case, take help from the court clerk from you were served with the civil complaint.
Thanks,
Aaron