Can someone sue you regarding a loan without giving you any written documents?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can someone sue you regarding a loan without giving you any written documents?
I received a voicemail from a person with a Indian accent. He told me I have a lawsuit against me and that I have to call him right away. I called him and told me I had a chance to do it out of court for $536 or in court which I might pay over $3000. He threaten me if I do it in court he’s going to hang up on me now and call my work place and tell them my information and that my work place will fire me. He told me to write something on a piece of paper with his name and my payment method and fax it to him. He left me 10 messaged saying the same thing and he mess up a couple times.
Asked on July 6, 2011 under Bankruptcy Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In order to be sued, you would have to be served with the summons and complaint which would have been filed with the court. The complaint is the lawsuit. In CA, you would have thirty days to file an answer to the complaint. You would file the answer to the complaint with the court.
The calls you received sound like some type of scam. The next time the person calls, ask him for the case number on the lawsuit and the name of the court where this lawsuit was supposedly filed. Tell him that you need that information in order to review the lawsuit. Most likely, you won't hear from him again because there isn't any case number because there isn't any lawsuit.
A legitimate bill collector would NOT act like this because you could sue for violating the Fair Debt Collection Act.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.