Question about DV and Judgement

[GotNoMoney]

I sent a DV to Zwicker (AMEX), and about two days after I received their response, I received a summons.

I am suprised Zwicker tends to blow a lot of smoke, Amex generally doesn't used Zwicker when it gets down to it. So my guess is it has not been filed yet.

So you received a summons and complaint? Has it been filed yet? If it has you have 20 days (typically) to answer, depending on how you answer you can end up with it causing a trial to be scheduled or a summary judgment.

If you got served a summons and it was not filed you still have to respond, but they are banking on the fact you won't and then they get what they ask for buy not responding. Again, you would need to respond.

Now, if your not far from filing (like 60-90 days) you can probably get away with not responding and then filing. It is more relative to how much time you need more than anything. Then after that it becomes a matter of what you have for them to go after if they get a judgment.

If you have a job and need months before you file, you have a problem...

[jwmc1]

don't know for sure, it depends, but if you plan on filing I would respond and then let them know you plan to file...don't know why they would want to waste their time (or the judge's) if you are going to file. Not responding is a bad idea in my opinion.

[Skipper]

respond

How much time would you estimate can be gained by responding?

Thanks,

Skipper

[jwmc1]

respond

[Skipper]

I think you will find if you re-read the letter it will say they will obtain a copy of the judgment. Meaning if they are attempting to collect on a judgment then they will provide you with a copy of a judgment as validation.

As far as time it really just depends, some places can send out the verification within a couple days and some never respond back and all collection efforts cease. Asking for a DV never hurts anything, all you have to lose is the cost of postage. If they respond back quickly then send them a CD and force them to do something.

Until you are served with a lawsuit CA's mean nothing anyways.

I sent a DV to Zwicker (AMEX), and about two days after I received their response, I received a summons. Funny thing is, I have no equity for them to go after, as I upside down on the home and auto.

As I am in the middle of a mortgage modification trial period, I am hoping to hold off on any filing until the modification is permanent (MHA HAMP w/ Freddie Mac as the lender).

Any suggestions? Do I respond, or not, and see if they continue to pursue a judgment (in light of the fact I have nothing)? I have a few weeks to answer the summons.

Skipper

[GotNoMoney]

I think you will find if you re-read the letter it will say they will obtain a copy of the judgment. Meaning if they are attempting to collect on a judgment then they will provide you with a copy of a judgment as validation.

As far as time it really just depends, some places can send out the verification within a couple days and some never respond back and all collection efforts cease. Asking for a DV never hurts anything, all you have to lose is the cost of postage. If they respond back quickly then send them a CD and force them to do something.

Until you are served with a lawsuit CA's mean nothing anyways.

[jwmc1]

Just depends...better get out your Magic 8 Ball

[rooster0330]

So once you DV them and they send back the proof...it just goes to lawyers, they don't try collecting on it at all....how long before the OC moves it to a lawyer for suit...I am just trying to get some kind of time frame!

[albacore44]

it's a toss up, but most likely buy you some time. I have DV'd all mine and usually about 4 weeks later I receive copies of several months statements. then I dont hear from them untill the OC moves it to a law firm. still waiting to be sued, and anticipate it coming soon.

[jwmc1]

I don't know if it buys more time or not. I personally have not noticed that it changes anything related to the timing of certain collection events, but others may have a different opinion.

[rooster0330]

If you know the debt is yours and agree with the amount I wouldn't bother forcing a DV. You'll only waste your money.

But won't that buy me more time if I DV them? I am looking to get as much time as I can before I file, I want to try to wait until at least Feb/March!!!!

[OhioFiler]

If you know the debt is yours and agree with the amount I wouldn't bother forcing a DV. You'll only waste your money.

[rooster0330]

Thanks for making me feel much better!!!!

[frogger]

What happens if I don't respond or anything within the 30 days? Do they just automatically go get a judgement?

If you don't respond, then they will start attempting to collect the debt. Matter of fact, they're probably going to start immediately.

And no, they don't automatically go get a judgement. They're going to try to collect first, then if it is worth their efforts, they may sue you.

Typical scare letters that make you think something other than what it really is.

[rooster0330]

I just received a collection letter and it said you can send request for validation of debt within 30 days, and they will either validate it or obtain a judgement????? So either they validate it or just send a judgement??? I am not understanding this too well! So, should I send a DV or just don't even bother. What happens if I don't respond or anything within the 30 days? Do they just automatically go get a judgement? This is all so confusing for me!!!