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At a loss :<

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Hi, first I want to thank everyone that responds to the post. I am aware that my situation is not unique and there have been countless posts asking very similar questions. so thank you for your patience/empathy.

I live in Kentucky. Today my fiance was served with an Alias Summons at work. The sheriff was really nice and told my fiance that they had no known address for him only a work address. Landmark National II Corp is named as the plaintiff. states.. Hereby notified a legal action has been filed against you, etc., etc., 20 days to respond, etc., etc., judgment by default may be taken. It lists Greene & Cooper PSC as counsel for the plaintiff.

The second page lists the plaintiff as Landmark assignee of US Bank (F/K/A Firstar Bank). States my fiance, BJ, is indebted to them in the amounts of $8,962,35 in principal, $4,541.63 in accrued interest, with interest continuing to accrue at a rate of 23.99%. States a true copy of the last statement mailed to defendant is attached as well as a true copy of the assignment of the account. States the plaintiff has assigned this matter to outside counsel not its regularly salaried employee and under KRS 287.750 is also entitled to recover its attorney fees in the amount of $4,051.19 (30% of the outstanding balance)

The next page is a Bill of Sale and Assignment of Assets, dated March 16, 2004. Assignor is US bank national association.

The last page is a September statement from us bank to bj, for activity from Aug 21,02 to Sep 18, 02.

his limit was $5,000. he bought beer with it, has nothing to show for it. (this was before me) he had stopped paying it when i met him, but contacted them about it, asking them to stop over the limit fee, late fee, insurance fee and lowering the apr. they had already canceled the card and the fees were adding up. they of course were rude and hostile but did cancel the credit protection he was paying an additional 35 bucks a month for. told him they could not do any of the other unless he added his mother to his account and made a good faith payment. he added his Mom (she was never notified or asked or signed anything or spoke to anyone) and he sent them $1,000. after this was done they told him they would not do any of the things he asked for. we have no proof of any of this, did not keep a log of the calls, names of reps or anything. his Mom did eventually call and demand her name be taken off, which they did.

so while he does acknowledge the $5,000 is his debt, they would not work with him so he ignored them from that point on. This was in 02. he has gotten phone calls, letters, etc., and ignored them. Then he gets this summons at work.

what if anything can he do? or should he do? we rent, he owns a car that is worth like a dollar, has no assets, he works full time, claims our daughter, we are not married, i do not work but go to school full time. do we answer this, ignore this, does he really owe all that money on a 5,000 limit? we make enough money to pay rent and utilities, how much are lawyers? i am pretty sure we could not afford one, unless they are cheaper than babysitters. i know this was really long and drawn out. i appreciate any advice anyone can offer. -Kelly

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Whoa they got your butt in a sling bad.

There are only two defenses to this lawsuit that I can see.

One, being you demand documentation of the application thru discovery, and pray they don't come up with and you swear up and down that the account is not yours or is the result of fraud.

Two, being unjust enrichment, where after they produce the application you find out how much they paid for the account and argue that by paying pennies on the dollar they are unjustly enriching themselves.

Lastly, if all else fails, or you think your not going to be able to handle going to court, start shopping for a good bankruptcy attorney.

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Greene & Cooper are known for representing junk debt buyers and listing them as the Assignee of the regular company.

You need to respond to the summons and demand IMMEDIATE validation, including and entire accounting history on the account.

You also must demand that they cough up the original contract that bears his signature.

What a lot of people dont realize is that most credit card agreements states that you have to pay collection costs and attorney's fees to the ORIGINAL CREDITOR.

It doesnt say.. or anyone else we might let buy ths account.

There is a little known law in Indiana that says anytime an account is SOLD to another party the debtor has to be notified by mail.

Kentucky might have the same thing.

I DVd that same law firm for my sweetie.. and they didnt provide crap for validation. We havent heard from them since.

Now I am assuming you are close to Louisiville, ... my advice to you is to really read up on the FDCPA and be prepared to take a copy of it to court with you to show the judge what they have to do.

Even in a lawsuit.. once you demand they prove the debt they must.

Try the Unjust Enrichment clause too... that might hold some water.

Good luck

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It was a credit card (visa) that had a $5,000 limit. he was 20 or so when he got it. he ate out daily and bought beer. i think the credit protection was for if he became disabled or something. i'm not sure, fairly certain it is a moot point. he did not stop paying because he was unemployed or ill or anything.

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I'd look into it. you never know? Could be a stalling tacktic till you get it sorted out.

*edit to add*

35 bucks a month is a HUGE amount of money to pay for an "added benifit". I'd read the fine print. I think its something to argue over. If they kept charging him for it AFTER he stopped paying on the card? COME ON! If it was some sort of "insurance" then they (the credit card company) should have contacted him and said "Hey, we see you aren't paying your bill, do you need to activate your benifit that you have been paying 35 bucks a month for??"


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