Help me understand this please..... I rcvd a civil summons today from Asset Accpt. for a 1st USA account. They are asking for $2290 plus 10% per annum from 12/31/00. I know that the account is mine and have been rcving the collection notices from them for over a year. They purchased the account from 1st USA in Oct 2002 (I have a letter they sent me). The DOA w/ 1st USA was 5/00 stated on my CR, the DOA w/ ACC was 6/00. I rcvd a settlement offer from them on 10/29/03(dated 10/24) (the summons was dated 10/7 (in Cleveland,OH) and then from the Dayton Mun. CH on 10/31. I have been trying to clean up my credit by sending letters and disputing online with the CRA's. I can't recall (at this moment) if this was one of them disputed online. I know that I haven't sent them a letter. I have 28 days to respond to this, can I get some advice please? Should I get a lawyer? What happens if they try to garnish me?
Why is this coming from 2 different courts? Have you checked to see if the SOL is up on this.? You need to send them the VL.
I'm not sure....the cover letter (Summons) is from the Dayton Mun.Court, the second sheet is from an attorney in Cleveland and it was notorized in Cleveland.
<<Bump>> Maybe I need to re-state this...94 views and only 2 responses! I don't need legal advice, just some guidance...help me out Cneters!
Re: Re: Civil Summons HELP!!! I would help you if I could, but I'm a newbie, and I think many of us are. I don't know what different advice could be given. LBrown always seems to give very good advice and he was quite clear, check the SOL and send a VA, send the VA right away. Check your CR and see if the item is listed as in dispute, and then you will know if you disputed it. The biggest point of this board seems to be a rhetorical CRRR... always sent via mail, always get a return reciept.
Re: Re: Civil Summons HELP!!! You need to respond to the summons within the time allowed with any positive defenses you have. Is it beyond SOL? Is it some one elses account? Have they violated the FDCPA? Is the amount wrong? Were the good purchased defective? Etc. If you do a search here and at creditboards.com you will find a ton of info. Here is a link with information on filling out a response. http://www.nwjustice.org/docs/204.html
Re: Re: Civil Summons HELP!!! By the way, it is quite normal to get quite a few views and only a few responses. It is just the way it is. Good luck.
Re: Re: Civil Summons HELP!!! The SOL in Ohio is 4 yrs and it is not up according to my CR. DOLA w/ OC was 5/00, DOLA w/ CA is 6/00. No, I haven't sent a validation letter since I got the summons. I have not disputed this on-line with the CRA as of yet. I did notice something interesting though....1st USA used to be Bank 1, 1st USA is listed on 2 of my CRs and as Bank 1 on the 3rd one....I noticed yesterday that Bank 1 mysteriously disappeared from the 3rd CR. What is that about?
Re: Re: Civil Summons HELP!!! Don't worry about disputing with CRAs. That won't do you any good at this point. Sending validation may help , but is unlikely to. Number one task is to respond to summons. Number two is to send discovery. If you don't think you are capable of this either settle the debt with CA or hire attorney. Most can do it on their own, but not every one and the safest advice is to see an attorney. Search for keywords summons. Here is a link to the same kind of question. http://www.creditboards.com/phpBB2/viewtopic.php?t=16096
Re: Re: Civil Summons HELP!!! The DOLA on your credit report may not be the true start of your SOL.It may be the charge-off date. If your report is showing 5/2000 as the OC DOLA and A$$inine got it 6/2000 ,I am inclined to believe your date of first delinquency was prior to 12/1999. If you have a snail mail version of your Experian report, look for the "removal date",count back 7 years from that date for the start of your SOL.Or look for an old bill that has a "late payment" charge, or past due notice on it. In any case, you should certainly claim SOL as an affirmative defense. A$$ seldom has ANY verifiable records when they sue, as they look for an easy default judgment and send in low grade munchkins to appear.
Re: Re: Civil Summons HELP!!! 1**[(the summons was dated 10/7 (in Cleveland,OH) and then from the Dayton Mun. CH on 10/31] I am not clear...did you get 2 summons?
Re: Re: Re: Civil Summons HELP!!! No, I'm sorry I mis-stated that...there was one summons, but it was filed in Cleveland, but served by Dayton Mun. Court.
Re: Re: Re: Civil Summons HELP!!! I have looked for old bills, and to no avail, can't find any....I do have other collection notices from other CA's other than AAC. This a snap shot of what my EXP says: Status Details: Account Charge off/ Past due 150days. $**** written off. $*** past due as of 1/03 Account History: Charge off as of 1/03, 12/00 150 days as of 11/00, 8/98, 120 days as of 10/00, 8/99, 7/98, 6/98, 90 days as of 9/00, 2/00, 7/99, 5/98, 12/97, 3/98, 60 days as of 8/00, 1/00, 6/99, 4/99, 4/98, 11/97, 8/97, 7/97, 30 days as of 7/00, 6/00, 12/99, 11/99, 5/99, 1/99 to 3/99, 10/97, 6/97 3/97...
