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Chevygirl15

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  1. OK so I consulted with an attny who just gave me advice but I have to do the paperwork. I need to file a motion to dismiss with prejudice, requesting hearing based on Statute of limitations. What wording should I put in motion?
  2. . A few questions: 1. Do the records they sent show any address? Is it YOUR address? This is my old address in another state that I lived at at the time the alleged account was opened. 2. Can you get your hands on bank records for the times it showed autopay, to show that the autopay was NOT coming from your account? my online banking goes back 18 months. I have put in a request for records from 2012 to 2016. There is no guarantee they will be available and maybe not by the 25th when my answer is due. 3. How certain are you that this is NOT yourdebt?  80% . With that being said, I had used a loan processing person to acquire funds for surgeries in that year . My husband also applied for credit cards to help cover the expense .We are still paying on one. Ironically it is a Citibank ,opened the same month and year as the alleged account I'm being sued for. 20% asks myself ,did I apply for a credit card , put it on auto pay and forget about it? I'm not sure why we would keep husbands account in good standing and pay for it to this day and disregard a card with a balance that was a lot less than his all these years. There is nothing on my credit report from the collection agencies, the debt buyer or Citibank to help me verify this debt. 4. Do the records show any SS # on them? If so, is it YOUR SS #? AfterI received the summons and complaint, I contacted unifund and asked them to send me , something, anything , showing this was infact something I initiated and used. They sent me a unifund letterhead with full account number ,when the account was originated, who the original creditor was, the last 4 digits of my social security number and the total balance including court costs owed and 6 statements. To me the letterhead from unifund just shows information that anybody would have access to , including last 4 digits of ss# . It didn't really prove anything to me. I'd like to add that the statements were pretty generic . it didn't account for any purchases at all or proper accounting according to credit card standards. All six just show around the same balance and a $50 auto pay that didn't cover minimum due. It sounds so far-fetched but I truly doubt the validity of the statements even. Thank you!
  3. I am being sued by Unifund. I don't recall the debt. I pulled my credit report and can't find OC (citibank cc) or JDB on any of them. I contacted their attorney and Unifund and requested any other info they had to help validate this so I could negotiate if in fact it was legit. (Just courtesy call nothing formal in writing) They sent appx 6 statements from 2015 and 2016 on act opened in 2012. At first glance I noticed my name. I have a very common name , (like Barb Jones or Cathy Smith common) and my medical records have been confused with a woman by the same name but different birthday, so I use my middle initial on legal documents. There is no middle initial included. Also, there was an auto pay set up for $50 but it never even covered the minimum payment due on the alleged acct. It was short over $30 every month to meet the required minimum monthly payment with dates going back to 2015. The balance on the card however , always went down. It never had any late fees or penalties as a result of the minimum not being paid, and monthly interest was charged on changing balance. None of the statements showed any other activity. No purchases. No credits (except an auto pay) . I attempted to look wAy back in my bank records for an auto pay and could not find one. In 2012 I had multiple surgeries and applied for credit to pay medical bills. I did fall behind but settled with monthly payments with an attorney but it was not affiliated with this OC or JDB. It is only for $1800 which could have been paid the last few years in 2 payments had I known it existed out there. Now there's a suit against me and I don't want spend big money on attorney as it would be cheaper to just pay this alleged debt. But I don't want to pay that either. It isn't fair for me to have to guess if I truly owe this. I called the original creditor to try to get details to no avail. Need some major guidance here PLEASE!
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