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Follow up on earlier summons
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Posted by Flip
(68.18.50.70) on July 26, 2003 at 23:19:40:
To bring you up to date, about 6 weeks ago I got a summons handed to me from Household Finance, they filed a lawsuit to demand judgement and re-establish a loan agreement, (last payment April 8 2002).
But they had lost the documentation, it was "lost or destroyed and is not in the custody or control of the Plaintiff".
I replied stating I know nothing about it, denied it all, etc. Went the usual route.
Now I have gotten a "Notice of Hearing", but there are two "strange things"
1) The Plaintiff's attorney "shall appear telephonically for said hearing..), where as I have to appear in person...
2) There is an "Affidavit Of Lost Original Note" atachment, from a legal specialist for the company saying "that he is the plaintiff's agent in this action and has the knowledge to make this Affidavit", (details of the loan follow), but in section 4 it still states that "The original loan agreement has been destroyed or lost in the PLaintiff's office, and is not in the custody or control of the Plaintiff."
So any advice that you can help me with would be appreciated. But what about this attorney who will appear telephonically, yet I have to be there in person?
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