I received formal payment demand from an attorney. He listed a credit card company that I donot have an account with. The demand letter was delayed because of incorrect address, but I responded within 30-days of receipt of the letter by certified mail with return receipt which was returned to me. I hand wrote the response to the attorney that I did not have an account with their client and that I did not owe them any money and requested that he send me proof that I owed this debt. Also requested the name of original creditor if not his client as indicated in his letter to me. The attorney never responded to my letter and today I was served by the sheriff. Approx., 2 months after he received my certified letter he filed suit. Was I required to type my letter? Because I requested he send me "proof" that I owed the debt instead of using the words "that he validate" the debt, can he just ignore my request and go ahead and file suit? I have not been sued before and am not sure how I should proceed. Can I ask him to validate the debt before setting a court date? I thought I had a right to question the debt. It may be from another credit card company but I do not have an account with this company and the credit card number does not match anything in my files. I would be most greatful for any help you can give me, I am scared to death and don't know what my next step should be.
Relax - ITS OK!! Pull your credit reports and see if this weird acct is on any of them. If so, challenge to credit bureau to verify you are the one that owes. 30 days they will remove it because they cannot prove it. If it goes to court, big deal. All you have to do is say you have never had business with that company - and you were served totally without satisfaction of the debt - the judge will tell the meany to pound sand. The credit reports should solve this quickly for you. Nothing bad is going to happen ALSO, if they did go to court and the case was dropped, your credit report will be fine. Let us know what you do. Hope this helps Dogman
I am in Florence Oregon the summons says circuit court of Lane County (which is the County I Live in) says I am to appear in 30 days. The attorney is from Portland Oregon and he filed in his county which is Multnomah County (Approx. 400 miles from where I live). Thank you for responding so quickly TML
I was served today 3/29/01 the attorney wrote me in August and I responded in September certified mail and November he apparently filed the complaint.
the summons says I must appear in 30 days (doesn't mention Pretrial)the amount they are demanding is approx., 4,400.00
I am positive I do not have an account with this credit card company. It could be an account bought by this company but I don't know that. The atty never mentioned that it was bought or assigned and implies it is the original creditor, he has attached an account agreement with this creditor to the summons and I know I never signed or entered into an agreement with them. So I strongly feel it must be some other original credit card but I have no idea who. He never indicated an original creditor and the account # he listed in his letter and the summons is not my account No. Thanks TML
Go to court on the date and time requested (be there early). HAVE YOUR WORK TYPE A LETTER STATING YOU WILL NOT BE PAID AND YOUR DAILY RATE AND HAVE MILEAGE WRITTEN DOWN SO YOU CAN COUNTER SUE FOR LOST WORK AND GAS MONEY...@ THE I.R.S. APPROVED $0.345/MILE... GOOD LUCK.
The agreement is simply an agreement, no personal information whatsoever, the complaint says that credit account #000 000 000 was established for me at my request from which credit was issued. I have never had a credit card or ever used a credit card with the # they list in the complaint. The complaint says that I became responsible for amounts on the account because I used the account and by using this account I agreed to the terms of the credit account agreement. Again I have never applied for credit with this company and never obtained credit using the account # listed in the complaint. The complaint says they have demanded the balance owning and I have refused to pay. The only demand was in August from the attorney and he never responded to my communication requesting proof of the debt. I want to fight like hell....what happen's if we get to court and then they say who the original creditor is? Am I entitled to request proof of the debt? The atty complaint indicates "Subject to Mandatory Arbitration" will the Arbitrator automatically go ahead with the arbitration? I am so upside down and so harrassed that I am not thinking clearly these days. Sorry if this is so drawn out, thank you for your time. TML
If your only source of income is S.S. then that lawyer has spent time and money{filing and service process fees} for nothing. Your S.S. and other qualified retirement funds can't be garnished.
GO ANYWAY...the company and/or lawyer may be asked by the judge to pay you more than just $0.345/MILE...like $100.00 or up to $5,000 (if it really does not belong to you)!!!
As I said I am not thinking clearly.....I have lots of debt am in a terrible fix......but not this company and this account #. I don't know what I'm doing I keep writing certified letters to debt collectors requesting validation of debts and not once have I received a response from any of them just day after day of phone calls day after day of collection letters. Each time I request validation, they switch collection agencies and/or attorneys who just send more letters and make more phone calls. The atty that I am writing about today and who is suing me is suing me on behalf of a creditor that I never obtained credit from and I can only assume that they bought the debt or something. What I can't figure out is can they just give me another account # and indicate that I obtained credit using it? Please don't give up on me I need help. Thank you TML
OK, I think I understand, I must file an answer with the court, based on the creditor and the account # I know that it is not mine (but I am reasonable sure that it is from another original creditor, with a different account #) My answer to the court would be to deny the debt on the basis that the creditor and the account # is not mine--which it is not. If the original creditor is known to the plaintiff then when I file my answer with the court, they can then say who the original creditor is and what the original account # is right? If that happens then they can get a judgement against me, right? I have no bank accounts, only a checking where my ss is deposited each month but I understand they can sell my house and after the note holder is paid, they are paid and I get what is left right? The summons just says I am to appear in court or a judgement will automatically be entered against me.
I can not afford to hire an attorney they all want $$$ up front the atty's I have talked to have pretty much indicated to me that approx., $30,000.00 is allowed in personal exemptions, anything over that is not protected. Since I have approx., $20,000.00 equity over the allowed exemption they have indicated the court would order it sold to satisfy my debts and bankruptcy would probably do me more harm than help. This state pretty much leans toward the creditor and does not have much sympathy for people in my position. I asked the clerk of the court where I could obtain forms to answer the complaint and she told me I had to go through an attorney that they had the proper forms and knew how to file.
Thank You......You will never know how much you have helped me and how very much I appreciate your taking the time to respond to me.....I know I am on my own...but having some type of guideline will be a godsend to me. Just to know which way to turn. I got myself in this mess and it's up to me to get myself out of it. I know one thing for sure I will never use credit again.....the reporting agencies can do whatever they with my file because I have learned if you can't pay cash for it you don't need it. I think I might even get some sleep tonite........again my sincere thanks to you for taking the time for me...TML
There is probably a rule in your state that defendants must be sued in their own county. Immeditely file an objection to venue. Make them refile or transfer the suit to your county. Collection lawyers violate venue and jurisdiction rules all the time knowing that 99% of all defendants will never object and thus waive their right to be sued in the right place. If you make them do it right they may just shitcan it instead.
It's very easy to find out what assets someone has and I'm pretty sure that's what has happened here. They know TML has equity and they know that they can attach a lien to the property once they have a judgment. It may be that the bank you had the account with was bought out and has a new name now. Or maybe it was sold and they are just calling themselves the new creditor, which is what they can do. Either way if it is just a credit card then it's 98% chance that the original application has be destroyed. Most banks will destroy the original applications to credit cards, within the first two years. They claim to keep microfilm but in most cases THEY DO NOT. If I were in your shoes, knowing what I know from your posts, I would go to court and tell the judge that you have never had any account with XYZ.
