I hope someone can help me with this. Let me give you a history of my situation...While in college (1997, 98) I had a cell phone. My brother worked for the phone company and asked if he could add his name to my account, he changed the mailing address to his. I agreed. I struggled to make payments because I was a college student. He helped me with some and the bills were still being sent to his home. My cell phone was disconnected. He never told me what the debt was that was owed and I assumed he was paying his part of the bill. A few months ago (2003) I received a phone call from a ca at my work stating that I owed $1300 for a phone bill. This hadn't appeared on my credit report yet. I told him I would make a pymt. by check or credit card and I would call him back. He took a check # from me and I told him to wait until I returned his call to confirm. When I called him back I told him not to run my check that I wanted bills proving that this debt was owed. He became very angry and threatened to serve me with papers at my work, he said he had me on tape admitting to this debt, etc. Needless to say, I never returned his phone calls. I received a letter a few weeks later stating I had 30 days to respond, I didn't. My sister told me that they wouldn't send me to court, just to ignore it. Well, three weeks ago I was served with papers to appear in court. What do I do now? I called to make payment arrangements with the ca but they wanted the payment in full and had added 1000 in legal fees. I told them I would just appear in court. Do I appear in court and wait to ask to see proof of this debt, or do I send a letter now to the ca for proof? I also have to file a typewritten response in legal form to the court in a few days... do I admit fault? what do I do? Someone please help!!
This info should help. http://www.nwjustice.org/docs/205.html essentially, you MUST file your answer with the court. deny any knowledge of the debt, and say you want proof that this debt is yours. It will probably make them drop their case, I doubt they have any proof of anything, but be sure you show up in court if they do not drop it. They sue a lot of people at once, and they count on the fact that no one will answer or show up, and they will win by default. Don't let them. Answer and show up, and most likely they will fold and dismiss the case.
If this is true I would ask the court for a delay so I can retain an attorney and prepare my case. Then I would do what Breeze suggested and hope that they drop the case.
Haven't seen him around lately, but there is a poster by the name of tac??? (some numbers on the end LOL). Anyway, I know at one time he posted an "Answer" to submit to the court. Its basically a General Denial of everything but your name, and as Breeze said it asks for the documentation. I would search for it, might help you if you are going it without an attorney.
okay you're going to court... well...the story you told us is (if true) that the bills were going to your brothers house - that being stated they have the wrong address for you and that since you never lived there and have no idea who does then I would say that the debt isn't yours.
Re: Re: Summoned to court And if his name was still on the account, they could have easily pulled his credit report, and gotten his address. What are the chances that he and his brother have the same last name? 50-50.
