Can someone sue you regarding a loan without giving you any written documents?

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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 9 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.


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