collections agency summons please help

I received a summons to answer a complaint regarding a collection agency taking me to court on unpaid credit card with a different company. I have no ability to pay. I'm still struggling to get a job with zero income. I don't know what to say on the answer any suggestions? My priority is to try and save my home if I ever do get a job. Please help, I don't know what will happen if I have no way of paying. My life is being destroyed, it couldn't be this messed up if that is what I had set out to do. God help me. Thanks.

Wow! That is saddening to hear about.

If it were me I would refuse for cause.

Splines here is something i sent out because of a collecition agency bad credit report:
i quoted a couple of fair Act regualtions look up the act it self. hope it will give you a start on what to do.
Certified mailing #8888888888888 Date: 4/15/2013
Name:John Doe; dba JOHN DOE
Address: P.O. BOX 666666
San Antonio, Texas
Account No. 2222222222(phoenix recovery Group)
Account No. 333333333333333
TO: The Phoenix Recovery Group
2939 Mossrock Suite #220
San Antonio, Texas
Requesting Removal of Inaccurate Information
TO : 3-credit bureaus and The Phoenix Recovery Group
This letter is a formal complaint that you are reporting inaccurate credit information.
I am very distressed that you have included the below information in my credit profile due to its damaging effects on my good credit standing. As you are no doubt aware, credit reporting laws ensure that bureaus report only accurate credit information. No doubt the inclusion of this misleading and inaccurate information is a mistake on either you or “THE PHOENIX RECOVERY GROUP”, the reporting creditor. Because of the Misleading information on my credit report, I have been wrongfully denied credit recently for a Rental of an Apartment here in San Antonio, Texas. which was highly embarrassing and has negatively impacted my lifestyle.
1. The first important issue here is that I have never done business with the Phoenix Recovery Group. I have requested a copy of such a contract between myself and the Phoenix Recovery Group signed by me and they have yet to provide it. This Bad Credit Report dated 3/11/2013 Under collection information in SARMA record on page 3/5 should be dismissed and removed from this report until such debt collector show proof I have done business with the Phoenix Recovery Group in the past.
2. (NOTE : COLLECTOR DONE BOUGHT THE ALLEGED DEBT FROM APT COMPLEX. SO THEY(COLLECTOR) HAS TO PRODUCE “K” SIGNED BY ME AND COLLECTOR)
NOTWITHSTANDING THAT SAID, THE FOLLOWING IS ALSO STATED:
This is my Verified Complaint under authority of the Fair Debt Collections Practices act, for violations under 15 U.S.C. 1601, et seq.
1. The first initial communication received by Mr. John Doe; dba JOHN DOE from the Phoenix Recovery Group, hereinafter, the debt collector, was dated 12/31/2012. Mr. John Doe received it on or about January 7, 2013. The title of debit collector’s letter was “RE: Impending Credit Report”. (see attachment #1)
2. (a). The Phoenix Recovery Group “Impending Credit Report” document, stated, “…our intention to report the above referenced delinquent balance to all 3 major credit bureaus with in next 7 days.”(b). it also stated, “Although we have already mailed you a validation notice which gave you 30 days to dispute the validity of this debt in writing, in accordance with the federal regulations as detailed in The Fair Debt Collections Practices Act…” (Emphasis added)
3. In addition, the SARMA “Premier Credit Report” at 1801 Broadway, San Antonio Texas 78215 dated 3/11/2013 shows on page 3 of 5 under TITLE: “Collection Information” the following: (a). the Phoenix Recovery Group opened the alleged account #BNCKN-8888888 on 11/12 for a High Credit Amount of Original Loan amount on 02/13.(b). second it shows on same page 3 of 5 “CONSUMER DISPUTES THIS ACCOUNT INFORMATION UNPAID” (see attachment #2) emphasis added. (Emphasis added)
(my note: I never made a contract for a loan with collector)
4. The debt collector using this deceptive practice has falsely stated Mr. Doe disputed the alleged debt (loan). The debt collector then intentionally put this alleged delinquent debt (Loan) on Mr. Doe’s Credit Reports. This is a direct violation of Mr.Doe’s right’s to be heard on the alleged delinquent debt. See also FDCPA section 807 False or Misleading Representations [15USC1692e]. The debt collector has taken actions using false statements that clearly cannot be taken. see FDCPA section 807 False or Misleading Representations.[15USC 1692e]
5. The initial communication document was dated 12/31/2012. In accordance with 15USC section 1692g (a) the debt collector failed to provide Mr. Doe within 5-days after the initial commination, the 30-day validation notice as required by law. 15USC 1692g (a); See also 15USC 1692g (a), (3), and 15USC 1692g (a) (4).
6. THE statement by the debt collector in paragraph 2, above is clearly a false statement. Mr. Doe was never sent a 30-day validation notice. Therefore Mr. Doe could not prepare and provide an informational and intelligent dispute without knowledge of such “notice”. See 15USC 1692g (a); see 15USC 1692g (a) (3); they failed to act in accordance with the law. see 15USC 1692g (a) (4); see FDCPA section 807 False or Misleading Representations. [15USC 1692e]
(a). based on the document dated 4/4/2013 from the Phoenix Recovery Group, the 4/4/2013 document is itself evidence that the alleged validation notice was not filed within five-days after the initial communication document dated 12/31/2012 as required by law. This document also clearly proves this people are lying. It proves they are also lying about the alleged delinquent debt (loan).
(note:collector kept saying they sent validation letter; then they sent the validation months later which is the 4/4/2013 letter)
Section 809; 15USC 1692g (a); 15USC1692g (a) (3); 15 USC 1692g (a) (4). (see attachment # “3”. see FDCPA section 807 False or Misleading Representations. [15USC 1692e]
(b). This two documents: Phoenix Recovery Group document dated: 12/31/2012(attachment #1; and the Phoenix Recovery Group document dated 4/4/2013, Titled “Validation and Investigation of Debt.” Attachment # 3 clearly shows this people are lying. So therefore they are also lying about this alleged debt that I owe. Please remove this alleged delinquent debt (loan) from my credit report immediately. (Attachment #2) (see attachment”3”))and (see attachment # “1” see FDCPA section 807 False or Misleading Representations. [15USC 1692e].
7. Additionally, the derogatory information transmitted to the credit bureaus by the phoenix Recovery group did already have a serious impact on Mr. Doe’s credit. He has already twice been denied rental of an apartment by various companies, due to the Phoenix Recovery Group’s false statements on Mr. Doe’s Credit report. (note: this help me to sue them if I win).
6. Furthermore the Phoenix Recovery Group has failed to sign documents sent to Mr. Doe. He doesn’t know who he is dealing with; a lawyer, a collection agency, or a grantor’s collection department. As far as he knows he could be dealing with the cleaning lady that cleans their building. Never knew of a person being actually scared to sign their own documents.
Conclusive evidence:
A. The Phoenix has never sent documentation to Mr. Doe showing he has done business with the Phoenix Recovery Group.
B. The Phoenix has never provided the requested information that shows an agreement between Mr. Doe’s and The Phoenix Recovery Group with Mr.Doe’s signature on the agreement.
C. Therefore Mr. Doe is requesting from the credit reporting agency the following :
(1). A determination That THE PHOENIX RECOVERY GROUP has failed to provide documentation which verifies that Mr.Doe’s signed a “loan” agreement with THE PHOENIX RECOVERY GROUP.
(note: the initial alleged was from not cleaning apt well before I left, nothing to do with loan)(furthermore apt complex doesn’t own debt anymore because collector bought it, they say they allegedly own it ; they have yet to prove it. )
(2). A determination that THE PHOENIX RECOVERY GROUP has falsely stated it provided a timely 30-day validation notice within 5-days after the initial communication dated 12/31/2012, which gave Mr. Doe the opportunity to DISPUTE the debt(loan).
(3). A Determination that the allegations Mr.Doe owes a delinquent debt(Loan) as transmitted to Credit Report agency by the Phoenix Recovery Group on Mr. Doe’s credit report is false and should be removed from Mr. John Doe; dba JOHN DOE’S Credit record immediately.
(4). A determination that Mr. Doe received the alleged timely 30-day validation notice from debit collector is a false statement.
(4). A determination that Mr. Doe had been provided with an opportunity in a timely 30-day validation to dispute the debt(Loan) is a false statement by the Phoenix Recovery Group.
(5). As a result of the harassment by The PHOENIX RECOVERY GROUP, I have been damaged financially, socially, and emotionally.
THEREFORE Mr. John Doe; demands that the Trans Union Bureau immediately clear his credit of the alleged delinquent balance showing in your credit bureau report.
Please delete the above information as quickly as possible.
Sincerely,
John Doe dba JOHN DOE
SSN#
Attachments included
Attachment #1- Phoenix Recovery Group initial communication with Mr.Doe dated 12/31/2012.
Attachment #2-premier credit report consisting of 6 pages.
Attachment #3—Phoenix document dated 4/4/2013


STATE OF TEXAS
COUNTY OF BEXAR
Before me, the undersigned, a Notary Public in and for said
County and State on this ____ day of ________, 2013
personally appeared John Doe; dba JOHN DOE to me known
to be the identical person who executed the within and
foregoing instrument and acknowledged to me that he
executed the same as his free and voluntary act. Given
under my hand and seal the day and year last above written.
My commission expires __________
________________ Notary Public

So then you must have ignored their earlier notices right?
Stopping then right at the start is the best way to control them.

I use the "Privacy Act" in Canada.
I ask them if they are holding a written statement from the authorized representative giving then permission to use the NAME.
All unauthorized use of the NAME as stated in the privacy act would be subject to a fee schedule.
And I open an account for them for doing business with and give them an account number that they will be bill though.
Never here from them again.
Never give them your name on the phone, or birthday, or address.

Then they hang up on you.

But since you have a court notice, you let it go to far and now have more work to do.

TO: Splines:
Listen since you are at the court stage the best you can do for now is the following:
1.FILE a motion to the court that you want to proceed in forma pauperis. This gives you a chance to proceed without liability for court fees or costs. They can’t deprive you of your rights to litigate cause you are too poor to pay. You can reguest transcripst from court reporter, discovery, other documentation without charge. Include a motion for leave to proceed, together with an affidavit showing in detail you inability to pay fees and costs , belief you are entitled to redress and the issues you are going to present. If the court denies it they are going to have to tell you in writing.
2. then file a motion for an extension of time, ask for 60 or 90 days because you will take longer than necessary to prepare for this case. You don’t have a lawyer and can’t afford one. This will give you more time to see how you are going to do this. Look at FRCP under serving documents para. 7 extending deadlines. Also D. rules for serving documents : who to serve what to serve. See also chapter 5. Pretrial motions F. motion to enlarge time. Go to library prefer law library look up O’Connor’s either Fedral or state, which ever is you need. Franco good luck

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Originally Posted by reticulating splines

I received a summons to answer a complaint regarding a collection agency taking me to court on unpaid credit card with a different company. I have no ability to pay. I'm still struggling to get a job with zero income. I don't know what to say on the answer any suggestions? My priority is to try and save my home if I ever do get a job. Please help, I don't know what will happen if I have no way of paying. My life is being destroyed, it couldn't be this messed up if that is what I had set out to do. God help me. Thanks.

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You need to read up on the Fair Debt Collection Practices Act.

It almost spells it out in detail what you need to do.

This site ain't too bad: http://www.creditinfocenter.com/rebu...lidation.shtml

i forgot to tell i am using the FRCP as an example. you need to use the procedures of what ever court find your self in.
Franco