Should I contact the collector or should I wait until the court date if I’m being sued even though we had a re-payment arrangement??

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Should I contact the collector or should I wait until the court date if I’m being sued even though we had a re-payment arrangement??

A collection sent me a notice saying I need to make payments on a card I had in 2007. I called them to set up payments. )n 09/15 I paid $100 and the agreement was $150 each month after that until the balance is paid. They sent me a contract in the mail; I signed one copy and mailed it back. My father was served at his house (where I lived a while ago), and never signed for it. The server threw the paper at him saying that since he was my father that was good enough. They are taking me to court, but we had a contract? I have made every payment on time with bank statement proof?

Asked on November 21, 2010 under Bankruptcy Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Are you sure that it is for the same debt?  Check to make sure.  In the meantime you should go down to the court and file an answer to the summons and complaint that was thrown at your Dad.  Put in a "genera; denial" of the complaint and in the answer raise the following "affirmative defenses": 1. that the court lacks personal jurisdiction over the defendant due to improper service; 2. that the matter is moot as the debt has been settled per contract between the parties prior to the institution of the lawsuit; 3. that the plaintiff has acted in bad faith in the settlement of the debt. Request that they be sanctioned.  Then call the collector and let them know what you did and how you are going to ask the court for sanctions and a bad faith settlement.  Good luck. 


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