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Being sued by collection agency-Update-More Advice


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Posted by LR (66.43.243.139) on October 16, 2002 at 16:16:13:

Hello,

I just want to say I am so grateful to have this forum. Everyone has been so helpful especially Why Chat.

My husband filed his answer to the court within the 20 days. We have heard nothing until today. We got a letter in the mail from the attorney for the collection agency. It is printed on paper that looks like it is from the Iowa District Court but is from this attorney. Here is what it says:

DATE OF NOTICE: October 10, 2002

IMPORTANT NOTICE

YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITH TEN (10) DAYS FROM THE DATE OF THIS NOTICE (*which wasn't mailed until October 14), A DEFAULT JUDGEMENT WILL BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD SEEK LEGAL ADVICE AT ONCE.

Then it is signed by the attorney with his address. It says it is a NOTICE OF INTENT TO FILE WRITTEN APPLICATION FOR DEFAULT.

What does this mean? Is this legit? We were never notified of a court date. We filed the answer within the required time and sent a copy to their attorney by certified mail with a return receipt requested which we have. We also have a copy of our answer that is stamped by the courthouse to show that we filed it. Due to budget cuts our courthouse closes at 2 PM so we can't find anything out until tomorrow. My husband plans on going to the courthouse tomorrow but I'd like to know in advance what this means. Thanks in advance!




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