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Help needed, received summons...(m)


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My husband had an account with First Card and it has been to MRS, Unifund and now National Check Bureau, Inc.

We fell onto hard times and were unable to pay...yesterday I received a notice that I had certified mail and picked it up and it was from Clerk of Courts with the summons and a barely readly agreement from First Card with no signature (labeled exhibit A).

They "demand" judgement against us in the amount of 5600.00 plus interest at the rate of 24.74% from 12/31/2003 for a total of 9100.00.

I honestly do not remember getting anything from National Check Bureau!

We live in Ohio and this is the history as taken from Experian Credit Report today on the payment history and I know that we are not past sol.

Account opened in 1998!

Charge Off as of Nov 2005

180 days as of Nov 2003 to Oct 2005

150 days as of Aug 2003

120 days as of Oct 2003, Jul 2003

90 days as of Sep 2003, Jun 2003, Jan 2002

60 days as of May 2003, Dec 2001, Nov 2001

30 days as of Apr 2003, Oct 2001

I meet with an attorney on Sat but I am a nervous wreck! This is against my husband only. We have enough money in the bank to just about pay off the original debt (w/o interest) all but about 500, but my husband is losing his job in 7 weeks and will get unemployment. We (now) have separate bank accounts (can they get into mine, his name is not on it, and at a different bank then his?). What is the likelyhood that they will settle now for the orig amt minus the interest? We do not own a home, and we still owe 6000 on our car, and minus the money in my account we have nothing! Can they garnish MY wages if husband is not working or what?

Thank you for any questions you can answer!

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1. Who is suing you?

National Check Bureau

2. For how much?

9100.00

3. Who is the original creditor

First Card, bank one and with a merger Chase

4. How do you know you are being sued?

Received Summons - checked public record and it is there

5. How were you served? Were you served?

Certified Mail

6. What was your correspondence (if any) with the people suing you before you think you were being sued?

I honestly do not remember receiving anything from this CA,

however had a letter from another CA approximately 1 year ago.

7. Where do you live?

Ohio

8. When is the last time you paid on this account?

Really do not know - see initial post and I posted a detail from

Experian Report...(I highly doubt that it is past sol)

9. What is the status of your case (if anything has been opened)? You

can find this by a) calling the court or B) looking it up online (many

states have this information posted daily).

It has been filed with clerk of courts and I have 28 days to file an

answer. No court date!

10. Have you disputed the debt with the credit bureaus (both the

original creditor and the collection agency?)

No not at all!

11. Did you request debt validation before the suit was filed? If not,

don't bother doing this now.

Unforunately no - I didn't know they had purchased/acquired it.

12. Did you receive an interrogatory (questionnaire) regarding the lawsuit? In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are.

No questionnaire but there is 3 claims with lots of things under them...ie, entered into agreement, breech of contract. original debt 5624 with 24.74 interest 3538 for the total of 9163.

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Ok, first calm down, you sound like me when I was first sued, I am now on lawsuit #3, and I am no longer afraid. I have learned alot through these experiences and I hope I can ease your mind.

First--since you said you never got a letter or anything from them and this suit is the first communication, definitely DV them (ask them to validate the debt). I have been sued as I said 3 times, 2 were already dismissed by the CA because I used the stuff I have been learning on boards like this and in my own paralegal classes ( I am in college studying to be a paralegal). I am now suing them (countersuit) for many violations of the FDCPA and FCRA.

The rule is according to the FDCPA, when you ask for a validation of an alleged debt, the CA MUST cease all collection activities, including a lawsuit, until they provide you will the validation. If they keep collecting (as in the case I am in right now, I asked for the DV back in October, I reiterated it verbally when I had to go to court for this last December and still not one single piece of validation--but yet they have continued the case against me, thus violating the FDCPA.

Another thing, when you talk defenses. It sounds like your alleged debt has been sold a few times, they likely have nothing. If they have statements from the OC, they have to authenticate those if you raise the validity of their purchase or assignment. That means the OC would either have to come to court and testify that they are authentic or would have to give an affadavit under oath. Normally when a debt is purchased from an OC, the OC wants to wash their hands clean, in other words, they usually make the CA sign an agreement to the effect of, "we're selling you this for $xx and in return we don't want to be bothered with it again, meaning no court appearance etc... CA's will lie and make it seem as if they are collecting for the OC, and if you don't raise the issue in court, the court will assume they are not lying. Any lawyer should know this as it is basic contract law---an attorney worth his salt will have some defenses for you as you should not have to pay a JDB who probably purchased the account for $50. You may even have some FDCPA and FCRA violations you can countersue for. What type of attorney is he? Anyway read the FDCPA and the FCRA (particularly section 623) on this site or on the FTC.gov site and see what you can learn, so that you can talk to your attorney and maybe he can help you countersue.

Hope this helps some. I will watch this thread and try to answer questions.

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  • 3 weeks later...

Different person, also in Ohio. Here's my info:

1. Who is suing you?

Javitch, Block, & Rathbone for Citibank

2. For how much?

948.33

3. Who is the original creditor?

Citibank

4. How do you know you are being sued?

Received a summons/complaint

5. How were you served? Were you served?

Certified mail

6. What was your correspondence (if any) with the people suing you before you think you were being sued?

One letter from lawyer stating I owed this amount. I responded with a request for validation. Lawyer sent back a note with one copy of one statement attached, did not validate.

7. Where do you live?

Hamilton County, Ohio

8. When is the last time you paid on this account?

Not sure, but I believe in October 2005

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily).

Need to file an answer by June 10 (Saturday).

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

Yes.

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.

Yes.

12. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

No.

13. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming.

Here's what it reads:

A complaint has been filed against you with this court...

...The complaint of plaintiff will be taken as true, and a Default Judgement will be rendered against you, unless you do all of the following:

1. Within 28 days after you receive this summons, serve a written answer upon the palintiff's attorney, if any, or upong hte plaintiff. (Lawyer's name and address follows)

2. Within 3 days thereafter, file a copy of that answer with the clerk of Courts....

14. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?

The same statement the lwsyer sent me--just one page of a statement saying I owe the full amount. The complaint reads, "attahced hereto as Exhibit "A" is an affidavit attesting to the amount owed the Plaintiff. The account records are not attached hereto because, upon information and belief: (a) copies were sent monthly to the Defendant, and are or were in Defendatns' possession, custody, or contol; (B) said records were archived by Plaintiff; and/or © said account records may be voluminous."

Here are my questions:

How do I answer this? I have talked to a lawyer but have yet to hear back from him today, and getting nervous. I just don't want to miss the deadline. I know I could answer myself; I was doing some sleuthing and just today left him a message asking if he could handle.

Is it worth it to fight this?

Am I going to be out more money if I fight? The story is this: my husband and I closed all of our accounts in October 05 and paid off credit cards with consolidation loan. Since that time, i have received no statements from Citibank, until this letter from the lawyer in late April.

Is it possible for me to fight this simply based on my word that I never received any statements? Do I owe the money? I'm not sure, but it would only be about 1/3 of the charges they SAY I owe since in my opinion how could I pay interest when I never received a statement of an outstanding balance?

Here's what I've done so far:

-Requested validation and didn't get it

-Made a second request for validation

-Picked up the summons/complaint at the post office (I actually sent the second request for verification the same day, registered mail)

-Called credit card company to request all my statements. They told me there was a cease and desist on my account so they couldn't give them to me

-Faxed request to cc lawyers asking that cease and desist come off so I can get my records

-Called cc co again and was told she couldn't handle it (800 number), and gave me another number to call during business hours

-Sent written disput to cc co and asked that they send full records

Thanks for any help you can offer. I've done a lot of searching on this site and still felt I needed to ask this.

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I'm just going to post this as I need to feel I did something more while I can. WIll check replies later. This would be my answer so far (if I don't have a lawyer do it):

First, this is what's in each paragraph of the complaint:

1. I owe the sum of 948.33

2. "attached is exhibit A" (see copy in my previous post - this just referencing the one statement they attached, but say that statement is attached only because other records were voluminous or they reside with me, etc.

3. Defendant is in default on this repayment obligation

4. Although due demand has been made, the defendant has failed to liquidate the balance due and owing.

---

SO MY ANSWER SO FAR:

Court Name

County Name

Case #

Plaintiff v defendant

I. Answer

Defentdant answer the complain as follows:

1. admit the statements contained in paragraph numbers: (leave blank)

2. Deny the statements contained in paragraph numbers 3, 4

3. Lack knowledge about the truth and therefore deny the statements contained in paragraph number 2.

II. Affirmative Defenses

Defendant's other defenses are: Did not receive any statements regarding an unpaid balance. Closed account in October 2005.

Dated this (date)

Signature, address, telephone

---

Thoughts? PLEASE HELP. Thanks.

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1. Who is suing you?

shermeta adams & von allmen pc

2. For how much?

1,029

3. Who is the original creditor

applied card bank f/k/a cross country bank

4. How do you know you are being sued?

Received Summons -

5. How were you served? Were you served?

personal delivery

6. What was your correspondence (if any) with the people suing you before you think you were being sued?

about 6 months of tryin to get verification

7. Where do you live?

michigan

8. When is the last time you paid on this account?

11/04

9. What is the status of your case (if anything has been opened)? You

can find this by a) calling the court or B) looking it up online (many

states have this information posted daily).

It has been filed with clerk of courts and I have 18 days left to file an

answer. No court date!

10. Have you disputed the debt with the credit bureaus (both the

original creditor and the collection agency?)

yes they verified as valid

11. Did you request debt validation before the suit was filed? If not,

don't bother doing this now.

a week before i recieved the summons i did but i put the wrong account number on the letter so they could not locate it and then i got a summons

12. Did you receive an interrogatory (questionnaire) regarding the lawsuit? In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are.

No questionnaire but there is 7 claims with lots of things under them...ie, entered into agreement,

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I filed my husbands answer...will they have to prove that the debt is ours? I have never validated it!!! Can I do this now and hope to stall the lawsuit?

I am losing sleep over this I am so stressed! I had a consult with an attorney who encouraged us NOT to file BK but the thought of going to court for this has me a nervous wreck (even though I do know court is necessary if BK)...any words of advice or wisdom on what is to come?

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