Got a letter from a Credit Mgt Center 2 days ago saying that I am being sued by Household Bank (CompUSA). Today I went to the courthouse to see if it was true and lo-and behold I am being sued. I got a photocopy of the lawsuit. A little history on this -- Back in Oct last year I received a letter from a law firm for Household saying I owe this much money, blah, blah... So I sent a 30 day validation. Jan of this year I received a packet from said law firm with a bunch of computer form with my last name and acct balances. So I sent of a partial validation with a 15 day validation ltr. I kind of lost track of it and then the rest is history. Anyway, what should I expect? There is no court date yet and I am not served yet. Thanks in advance
I'd keep my mouth shut for now about any validation and see if there was a way to settle out of court. I wouldn't be hounding them to validate for the simple reason they just might do it and it'd be your ass in court. When you get served, I'd make out a very generic answer with some standard boiler plate defenses. Is this debt past SOL? In addition I'd file countersuit for FDCPA violations if its a CA after you. Try not to tip them off as to what your doing make them think that all they need is the printouts. If you go to trial, make sure to bring the FTC Wollman letter and a copy of the Spears v. Brennan case. Hopefully they won't have the original contract and you can swear up and down the debt is not yours or there is something wrong with the terms etc. Also make them show the document that gives them the authority to collect the debt and sue you.
Household attempted to sue me also. It would have been the first time I had a judgement on my report. After I received the paperwork I called the attorney's office and offered a settlement. They accepted a 60% settlement at that time and the judgement never went through. If you're interested in paying to make this go away, they might still accept a settlement. I have numerous chargeoffs on my credit and don't plan on paying any b/c I know paid or settled doesn't help with my fico. I don't want to add any judgments though, so that's why I paid Household. Luke
unfortunately this debt is not SOL. i went and check the status of this lawsuit online and it says the following: 02/06/2003 SUMMONS ISSUED. 02/06/2003 NON-APPEARANCE CASE MANAGEMENT REVIEW SCHEDULED FOR xx/xx/03 AT xx:xxA M, IN DIV/DEPT. xx . CLERK`S CERTIFICATE OF SERVICE MAILED/GIVEN TO RESPECTIVE PARTIES/COUNSEL ON 02/06/03 well, I have never received anything from anyone. and what is "non-appearance case management review"? any help is appreciated.
I think that's great advice I think that's right on the money too. And here I disagree with you. I would not answer at all. I think that if one does not have a solid concrete defense then the best thing to do is to be as quiet as a churchmouse. I would not want to try that myself. A suit for violations I can go for but not as a counter suit. As I see it they ae two separate issues entirely. It makes no difference what they do to you the debt is still due and payable and their suit is going to override your countersuit every time. I think its better to keep the issues seperated. Just my personal opinon. Lots and lots of experience shows they don't even need that. Do you really believe they are going to spend any time even listening to, much less reading those? You would be just about as likely to get better results out of bringing a nice big shiny red apple for the judge. At least it would be more appropriate because he is likely going to teach you a new lesson if you think he is going to listen to you or Wollman either one. He probably wont in most cases. If you can prove the debt isn't yours then fine. If not then forget it. Oh yes, one other thing you forgot. Be sure you bring your copy of Modern Money Mechanics and wave that wildly at arms length to prove they never lent you any money too.