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Hi - here are the answers to the questions -

1. Who is suing you?

Oregon Collections

2. For how much?

872 + 23.99% annual interest from 11/02

3. Who is the original creditor?

Citibank

4. How do you know you are being sued?

I don't think I am being sued yet. It says on it a complaint filed for breach of contract

5. How were you served? Were you served?

Served by a cop

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

Nothing

7. Where do you live?

Oregon

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

11/02

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).

I don't know. It was filed on the 2/14, and we received it last night.

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

No

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

This is the first I have heard of these people

12. 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. If you don't respond to the lawsuit notice you will lose automatically. 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. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

Yes, a response in 30 days

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

Citibank Agreement

14. What is the SOL on the debt? To find out:

6 years

I live in Oregon. A police officer came by and served a complaint and summons from a collection agency for breach of contract. It's for a old credit card, but I am sure that the statue of limitations has not run out yet. It is saying that we have to file an "answer" or "motion" in 30 days. Now, here is where I am stuck.

1. This is the 3rd collection agency that has owned this debt, and they are continuing to charge interest. They are fairly new as well as they were not on our credit report in January or listed as a inquiry.

2. The last activity with the original creditor was in 2002. It was then bought by Medical Data Systems, and then by Unifund. Now, it is with Oregon Collections. The original amount is the same, but the balance is higher because they are charging interest. Did they buy this from the original creditor or from the last collection agency.

3. There are no options for us to settle out of court. I am willing to pay this in two payments, but does that mean I have to call them?

4. How do I answer this? This is the first I have ever heard of these people. This is the first contact that I have ever received from them, and complaint served by a cop.

5. It says at the bottom of the complaint - "This communication is from a debt collector. this is an attempt to collect a debt. Any information received will be used for that purpose." Is that normally on the bottom of complaints file with county courts?

6. It has a copy of the credit card agreement, but nothing signed.

7. It gives us 30 days to answer the complaint and validate the debt.

8. It also says that if we don't answer in 30 days, they will sue us. It does not look like it was signed by any county clerks, just the lawyer.

The complaint also states that we defaulted with the plantiff, Oregon Collections, in November 2002. Again, they are not on our credit report, and this is the first we have ever heard from them.

I know that we had this credit card, it was from Washington Mutual. We did screw up and were stupid. We want to do the right thing. We have been working very hard to get things paid off. We have paid off 4 creditors so far, and intend to pay off more, but this is kind of a blow to our family.

What should I do?

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Hey, I don't have any experience in this area other than trying to digest these forums over the last month or so. But my advice would be to read, read, read in this and the other forums in here while waiting for more learned responses to your thread.

And don't freak out too much, from what I've read, you've still got a number of options. What I am saying is if it were me, I would take this seriously but I wouldn't immediately cough up a bunch of money to the CA. That's what they want you to do when they serve you, but you have rights and options, so check 'em out fully.

Go to this thread:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=242744

Copy and paste the questions into a response to this thread and answer them to the best of your knowledge, this will help people answer you.

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Short from scanning it -

I am required to appear and defend the complaint filed with 30 days. and if I fail to do so, the plaintiff will apply to the court for the relief demanded in the complaint. (the cop gave my son the summons, so I did not see him).

It says that arbitration is required

It says that the plaintiff is the purchaser and owner of an obligation originally incurred by us to Citibank, and under the terms we are required to pay principle and interest

It says that the date of default was 11/7/2002

It says that we owe the plaintiff 872.91 plus 23.99 per annum compounded annually since 2002 until paid.

It says that despite demands by the plaintiff, we have not paid, and we owe them 872.91 with 23.99% plus reasonable attorney and collection fees

The plaintiff prays for the following relief

Judgement in favor of the plaintiff for the amount owed above

Reasonable attorney fees and collection costs.

At the bottom it has the "This communication is from a debt collector...." etc.

It has the FDCPA notice attached saying that we have 30 days to dispute the debt or any portion thereof.

Like I said, Oregon Collections is the 3rd owner of this debt, and this is the first we have ever heard from them.

It then has the copy of a Citibank agreement, but no signed contract

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OK, first contact the clerk of the court at the court that issued the summons. The top of the complaint and/or the summons should say "District Court of xxxxx" there should also be a case number.

Look in the phone book and contact the court house and verify that there has actually been a suit filed against you. Let me know what you find.

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Okay -

:!: Oregon Collections is the 3rd agency to have this debt. It was first listed as a medical debt (no, this was never medical related), then it was bought by Unifund. Both tradelines were reported at the same time, but different dates of last activity. So, does that mean that they bought the debt from Unifund, or did they go back and buy it from Citibank. If they bought it from Unifund, would they still have an agreement with the original creditor? I have 30 days to validate the debt. Should I do that in addition to the answering the complaint?

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The summons says that I am in breach of contract with Oregon Collections, not with Citibank. Oregon Collections says that we have ignored their demand for payment. This is the first we have heard. Can CA demand interest, or are they just entitled to the original amount? Can their first point of contact be a summons? Should have I received something first? Can we settle out of court, and do we have to go to arbitration?

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They can serve you without prior notice, I hope in this case it nullified their chance to arbitrate. That being said, I like what Dive said, admit nothing, deny everything (and if they screw up) make counter accusations. Make them prove their case. You could try to DV, whatever they send -if they send- could be useful to you. If they don't send your still right where you are now. Do answer the complaint. There should be time to conduct discovery after you answer. I would not call them, do everything in writing. If you really want to try a settlement make them an offer contingent on withdrawing their complaint, once again in writing. Settlement offers are not usually admissible in court, but check your own state code to be sure your not admitting anything, maybe offer half, or just principle, I wouldn't offer full price, remember they probably bought this debt for pennies on the dollar. Gut shoot them first for like a 1/4 or something and see if they even bite.

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How would them serving me a summons nullify their option to arbitrate? It says on the form that arbitration is required.

Well, I was looking through the arguments. Can I deny the motion that I am in breach of contract with the Plaintiff, since the original creditor is Citibank and not the collection agency?

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Yes try it if you like. My signature...Admit nothing, Deny everything...

Don't admit to even having had an account with Citibank, if anyone in the U.S. has your name too maybe it's theirs. Demand proof. Don't give them anything to work with. They may have blown their arbitration chance by filing on you instead of pursuing the arbitration, not sure on that one.

You said they showed you 'A' contract, but nothing with your signature. Make them prove everything. Use the answer Dive showed you, modified to fit your case. If I showed up at your door and said You owe me money, would you pay me? How about if I said your relative borrowed it from me 4 years ago (semi plausible) Would you expect proof?

Questions you should want answers to, Do they truly own this debt, maybe they're scam artists. Do they need a license of any kind to do this in your state? Do they have it? Do they have any real proof of the debt they claim to have bought Like something from the OC? A generic contract like the OC uses minus your signature don't cut it in my book.

If you intend to fight this I'd make them prove everything to the judge. I would be very vocal about anything they did not. In my answer to the complaint I would say I've never heard of these people, and have never done business with them let alone signed a contract.

BTW, if you do write to these (people) to try to get a settlement, don't sign your name, use a computer script font or something. If they are slimy enough they my try to create some documents.

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All the posts here are correct. Dispute everything, admit nothing.

If the account, as you said, has been from agency to agency at this point...they have no admissible evidence. Just a fact. The CA bought your account (most likely) as part of a group...they only have what was provided to them...most likely just some basic indentifying info.

Do somemore research (sorry to direct...but creditboards.com is probably a better site for this post) and you'll find that CA's make 99.9% of their profits from default judgments. They have no interest in actually taking a case anywhere...they're just fishing for a default.

The aformentioned being said...fight the case. Be the 0.01%. If you actively fight a CA lawsuit and actually lose...you'll be a rarity, believe me.

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They need to have a paper trail from Citibank to the collection agency suing you.

So they need a letter of sale or assignment from Citi to first collection agency, letter of sale or assignment from first collection agency to second collection agency, etc. These can't be affidavits from a single collection agency certifying themselves as the owners/collectors of the debt.

Also, some kind of statement from the OC or cancelled checks from you are the minimum to prove it's yours. Do they have this stuff?

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