Debt collector wants hearing by phone instead in court

by Jan

Answered summons. court date was set. then received letter stating the debt collector wants a phone hearing. What should I do

Comments for Debt collector wants hearing by phone instead in court

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Apr 24, 2011
Debt collector wants hearing by phone instead in court

Jan, I have never heard of a court hearing being conducted by phone. Certain things must happen during a court hearing -- a written court record of the proceedings must be created by a court reporter, for example -- all of which would be impossible to do if a hearing were held by phone. So, do NOT agree to what the collector is proposing! He does not sound trustworthy and I am afraid that he is trying to trick you.

Instead, I recommend that you schedule an appointment with a consumer law attorney in your area who helps consumers resolve debt collection problems (The first appointment should be free.) Find out how to get FREE or low cost legal advice about debt collection from a consumer law attorney here. Do this right away. The attorney will advise you about what you should do next.

Be sure to talk with an attorney before the date of the scheduled hearing in court. And, if you are unable to for some reason, show up in court on the date of the hearing anyway and bring the letter from the collector with you and share it with the judge. If you do not show up, the court will probably give the collector a default judgment against you. However, I urge you to speak to an attorney as soon as possible -- before the date of the court hearing.

Apr 25, 2011
credit card summons
by: Anonymous

The debt collector sent the telephonic request to the courts and it was granted. I answered the summons with deny and now the collector sent a letter saying I have 30 days to admit to all the charges or I will be in default. The debtor Lawyer lives 7 hours away and this is why he wants a phone conference.

Apr 26, 2011
2nd opinion
by: Anonymous

Usually, a phone hearing means the party wants to appear by phone, not everyone just get on the phone and talk it out. In this case, it sounds like the Creditor has filed a Motion for Telephonic Hearing... meaning, as I said, the creditor is asking the judge if THEY can just call in. You and any other parties, would still be required to appear in person, before the Judge. Hope this helps.

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