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Everything posted by ttwettlaufer

  1. Ok everyone, I just called the county clerks office and they pulled the "court case", I asked if there was any evidence or affidavits included, there was a pause followed by a "huh, no. No evidence or affidavits". I'm starting to feel more confident about this case.
  2. Racecar, I also considered the mistaken identity argument since the complaint shows a first name and last name and there are several of those in this state. The argument I would probably use for that is the "lack of standing" mentioning that this debt could belong to person x or person y (without using actual names) since there does not appear to be any paperwork included with the summons that shows a signature or SSN or something tying this account number specifically to the wife.
  3. Ok, so after some more reading, I feel that we have the following defenses: 1. SOL - since there is no payment dates listed in the credit report and no evidence of such included with the summons. 2. Lack of Standing - since no copies of any paperwork that shows the debt is owned by the wife were included with the summons. 3. (Possibly) Failure of Consideration - since there is no paperwork showing any payments of any kind, nothing on the credit report either. 4. (Possibly) Equitable estoppel - if they show up at court with facts that were not given to the defendant? not sure what else to include, I would think that I would not need much more than that. Although I could keep digging. thanks.
  4. So, one last question (I think), when the court date arrives, any recommendations on how we should proceed? I would think that the SOL would be the primary defense, since they have not shown a last payment date or any type of statements. and the credit report also shows not activity of any kind.
  5. racecar, thanks, tomorrow i will get credit reports from the big three and see if there is anymore information out there. Then I will check with the local police department about a n identity theft case. Finally, I will check with the court clerk to see whether I need to admit the report or just bring it with me. so, new question, would this end up having any bearing on the outcome of the case? I would assume so, but I am not sure how I could present it. thanks to both of you for the help.
  6. Racecar, we answered and put deny for everything except the obvious, like name and address.
  7. Racecar, I was thinking about that, but not sure how to proceed. Do I need to do this before the trial?
  8. Racecar, the summons shows citibank. and says "issued a credit card". I don't recall the wife ever having a credit card from citibank nor a credit card from her previous marriage.
  9. Racecar, fortunately, (even though I am no lawyer), I pretty much understand everything you relayed. Thanks, I am just not sure what to do since nobody knows where this "contract" or "account" came from. Could it be hers? possibly. But, not as a citibank credit card. we haven't had any credit cards in years. FlyerFan, Thanks, that makes me feel better. As far as last payment date or statements? when you say statements, I am assuming you are talking about credit card statements. The answer to both questions is Nope. All the summons has is a bunch of statements saying that the defendant entered and agreement, failed to pay and is now liable. The only "facts" that I can see are our current address, the amount owed and a partial account number.
  10. Of course I am not sure if we are heading the right direction, but as far as I can tell from what I have read so far on this website, the account is past it's SOL (if it is even hers) and midland is going to have to produce some documentation that shows this account actually belongs to her via signature? I also called the lawyer office that was recommended by this site and their office said, that if we hire them they know midland and will make them go away. However, if we represent ourselves and win, then we are "eligible" to counter sue. Otherwise, midland just goes away. I would rather counter sue.
  11. All we have is the summons which seems to show 3 "cause of action", 1. breach of contract. 2. money had and received, 3. account stated. I don't have the answer in front of me, but we wrote deny on anything that we didn't recognize. i.e. pretty much everything except her name. thanks
  12. Ok, folks here is what we have. 1. Midland Funding is suing wife for a credit debt we don't recognize. 2. we answered the summons with deny on all accounts. 3. the amount is $1674.13 plus court costs $176 4. they only have a first and last name on the summons, so it could be anybody with the same first and last name and there appears to be several. 5. the summons only shows the last 4 digits of the account number everything else is XXXX. 6. checking one of the credit reports shows no account history, it does show "Account Type: Factoring Company Account" 7. the summons also shows the wifes previous married name, she hasn't used that name in over 6 years. 8. the SOL for Credit card debt in Alabama appears to be 3 years. researching this site shows written contracts at 6 years. 9. didn't find this site until after we sent a letter of debt validation, just to try an find out what this debt is. 10. the summons says this is a citibank credit card which she has never had. finally, her court date is July 9. I will be with her to (if possible) represent her. any advice from here on out? thanks.
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