Here's my situation, I had a credit card with First USA, they charged the debt off in 1998-SOL is 5 yrs in OK (I was disputing the balance). They sold the account to CACV Inc. They are represented by a CA/law firm and I was served on 1-23-02. I have an Atty. who I have little faith in. I have approx 10 days to file an answer. My problem with this suit: 1. The Summons is in my name, but the ss# is not mine. 2. The amount of the suit is less than the charged off amount. 3. I requested verification of the debt, they sent a letter with the name of the bank and the cr crd # (no help to me). 4. I received a letter dated 2-5-02, requesting personal financial information "Installment payment intake form" The amount listed in the letter is for more than the suit amount. Is it legal for the firm to contact me after I've been served? I haven't a clue on how to file an answer, I'm considering getting rid of my Atty. Where do I start in such a short amount of time? HELP... IN A HURRY!
" 4. I received a letter dated 2-5-02, requesting personal financial information "Installment payment intake form" The amount listed in the letter is for more than the suit amount. " Let me get this right...they are suing you but asking you to provide the original contract that should have your signature? LOL...sounds like they have no proof of the debt! Do you remember accumulating this debt? Maybe it was identity theft! The only way to know is to examine the original contract. Without it, then it's not you.
I don't deny owing a portion of the debt, but not $8k. I've been asking for verification for over 4 years. I've been contacted by 2 other law firms/CA's in the past. They gave up and now CACV has found a firm to actually file suit
As far as I can see, you have a great defense when you get to court. First, they haven't been able to prove anything to you. I hope when you requested proof in the past, that you sent your request certified mail, return receipt requested. Second, the wrong social security # shows it isn't you. Is the # quite a bit different than yours, or is it only off by 1 number? If the social is quite a bit different, I would file an answer that you deny this account is yours. You can show the judge that you have requested proof of the debt per FDCPA and they have the wrong person because the social is incorrect.
Unfortunately, I didn't send the verification request certified return receipt. I faxed one and mailed the other. The social security number is not even close. Hopefully, It's not too late to send another request.
If the social is not even close to your, then you have a perfect defense = they have the wrong person. If they can't properly identify you, how can they claim it is your debt? I would suggest if you are unhappy with your lawyer, that you go find another lawyer.
I know who the ss# belongs to, that's one of the reasons I've been asking for verification (copy of signed agreement) to no avail. Any thoughts on the fact that they are continuing to contact me, after the summons has been served?
I don't think there is anything wrong with them contacting you after you've been served. Did you say you sent the lawyer a validation? If not, you might do that and, if you faxed your request for proof, do you have your confirmation for that?
The only confirmation I have, would be a phone bill. I sent the Atty. a validation letter; the response listed the name of the bank and the account # (inactive since 1998). Didn't help at all. I plan to send a 2nd request tomorrow. Certified return receipt... of course.
Also, I need advice on filing an answer or possibly a counter suit. My Atty. doesn't appear willing to fight.
If you really don't know what you are doing as far as court is concerned, my suggestion is that you fire your atty. and find another that will fight for you. Your atty. works for you and should be doing whatever you tell him/her to do.
Sugar, Careful here. The comment "you know who the SS# belongs to" is a huge red flag. Is there some sort of fraudulent activity here and you're trying to prptect someone? If so, level with your lawyer . Don't dig this hole any deeper.
Allow me to explain. In 1998 a woman with my name (same first and last name, neither of us has a middle name) filed BK, her information was reported by 2 credit card companies as BK on my credit report. It only took approx 45 days to have the information removed from my reports. In this case the debt was charged off, not reported as a BK. I had an account with First USA, I was paying and disputing at the same time. Actually, the debt charged off and I continued to pay, for over a year. I have been contacted by 3 or 4 CA/law firms over the last 4 years. In the past when I requested verification, they stopped calling and the account was sold or they hired another firm. That's why I'm surprised that this firm has filed suit without validating the debt.
