I have been busy looking through records. the blanket account agreement in the summons indicates the original account was transferred to this creditor. That the old account was closed at the time of the transfer. In going back in the files I located my notice to the old creditor that I was not agreeable to a change in my original agreement and that per their instructions to avoid being bound by the new agreement I was requesting the account closed and that from the date of my notice I would not use the card and I did not use the card. I am quite scared now after reading the latest postings by you and breeze and fl-litig8r. I have prepared my answer to the complaint which I thought I would file with the court on monday or tuesday but now I am not sure what to do. What good did it do me to request validation from the atty if he did not have to respond to it? why did the old creditor not have to let me know they were transfering the account?Why did the new creditor not have to let me know he bought the debt? I honestly did not know about the old account until I read the fine print on the new creditor's agreement? I have had the old account for years....since about 1979 and I am sure the original agreement I made with them does not say I have to arbitrate. I actually do need validation of this debt since the reason I rejected any new agreement with the old creditor was because I was dissatisfied with them and I believe the debt is not correct. Is it possible that I can file a motion to dismiss based on the fact that the attorney did not honor my request to validate the debt? I have prepared the answer and it seems reasonable to me that the judge could consider the defense that the new creditor bought the closed account at his own peril. I made no agreement with him nor did I obtain goods or services from him. Can they make me arbitrate? I know it is late and I will probably not get an answer until tomorrow...any help you can give me will be appreciated. Many Thanks TML
I have been reading the board and see other boards mentioned is their a site that would help me with forms needed to file answer to complaint, motion to dismiss, etc., also if I may ask you lizardking you indicate that you had most negative items removed because they could not be proved is that because they did not have your signed agreement on file? If they cannot produce a signed agreement can the creditor still sue you and win?
TML, As I recall from your previous post that you own a home with a lot of equity. I got to tell you, that you are walking around with a huge bullseye on your back. You truely need legal assistance of some sort when real estate with equity is involved. If this one creditor decided to come after you because they discovered a real asset, how long before others do so? People like Lizzard and myself are judgement proof. We are selfemployed and own no real estate. In addition, bankruptcy laws are different in each state. For example, in my state a unsecured creditor can get a judgement and attach a lein to a house but, they can't force you to sell. I don't know about in your state and sadly, I don't think you do either. You really need to get some legal help fast. Call your kids or other family members or legal aid or someone. There is no way you should walk into that courtroom unrepresented with your home on the line. One other point. Many of us that have tried to help have one more advantage. We have time on our side. You don't. Good luck!
Bigun's right!!! Please don't put yourself in this position. I don't believe you realize what can actually happen. Please contact the resources we have given you (legal aid), and do not try to do this yourself. You are in a different situation than the majority of posters on this board. The other advice you have received here will not help in your situation. They are talking about getting entries deleted from a credit report. You are talking about a legal action in the imminent future which *could* result in losing you one asset - your home. You *need* competent legal representation. You will qualify for legal aid. I researched Oregon legal aid. They are pro-active, and have all kinds of resources including law students, pro-bono lawyers, as well as their own staff. Please contact them tomorrow morning. breeze
Re: Bigun's right!!! Thank you so much Bigun's and breeze I will try to find legal help.....One last thing in looking at the records, the same attorney who just served me, also sent a letter approx., 30 days after the first one for the same creditor different account.....I also responded by certified mail return receipt requested it has been over 180 days since he received my request for validation of that debt should I at least send another validation request before he serves me on that one too????
Re: Bigun's right!!! YOu can send it. I doubt they're going to respond. They think they have a default judgment coming, hon, and they can get a court date no matter what you do. I wouldn't waste my time on it. Did you read the old posts, where we referred you to Legal Aid for Lane County, and the Oregon State Bar websites? http://consumers.creditnet.com/phorum/read.php?f=1&i=45336&t=45288 This tells you about getting free legal help and where to contact them. breeze
