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Summons sent by NCB (Unifund) to Ohio, but I live in New York


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I apologize in advance if I am inadvertently breaking any forum rules with the length of my post.

I was sent a summons to my relatives address in Ohio. I have not been at this address for about 10 years, and have not lived in Ohio for 5.

The summons is from National Check Bureau Inc. (Unifud). This is a word for word reproduction of the summons with some abbreviations and spelling mistakes by me:

Introduction

1. Plaintiff states thai this pleading is form a debt collector, and this is an attempt of this office (NCB) to collect a debt, and that any information we recieve as a result of this pleading may be used by to aid in the collection of this debt.

2. Plaintiff is an Ohio Corp., authorized to do business in Ohio.

3.Defendat, upon information and belief, is an individual who resides and/or maintains an address and/or domicile sufficient to allow this Court to maintian Juristiction and venue of this matter and action.

Count One

First Claim

4. Plaintiff reincorporates Paragraph 1 throught 3 as if fully rewritten herein.

5. Chase Manh. Bank(as successor through merger with Bank One), whose credit card issued under the name of, First USA Bank is the subject of this action, assigned all right to Plaintiff in the matter herein including but not limited to those rights associated with this action.

6. Plaintiff states that by use of the credit card (acc #), Defendant became bound by the terms and conditions of the Credit Card Agreement, a copy of which is attached hereto as Exibit A and incorporated into this complaint.

7. Defendant used said Credit Card to purchase goods and/or services, and/or cash advances.

8. Plaintiff further states that Defendant is in breach of contract by failing to make payments in an amount satisfactory to comply with the credit card and/or revolving credit Agreement.

9. Plaintiff further states that defendant owes plaintiff $$,$$$ plus interst at a rate of 5% from 11/2004 in the amount of $$$$ for total of $$,$$$.

Second Claim

10. Plaintiff reincorporates Paragraph 1 throught 9 as if fully rewritten herein.

11. Plaintiff states that in the alternative to a claim for a breach of contract, still asserting and not waiving the calim under breach of contract (First Claim), Defendant has an account that is due and owing to the Plaintiff in the same amount as stated in the First Claim for damages.

12. Plaintiff further states that the demant for payment was made prior to the commencment of this action, to no avail.

Third Claim

13. Plaintiff reincorporates Paragraph 1 throught 12 as if fully rewritten herein.

14. Plaintiff states that Defendant has received services and/or goods from the original creditor, and that it has not been compensated for said goods and/or services.

15. Plaintiff states that it should recover against the Defendant on the basis of quantum merit and/or quasi-contrac in that Plaintiff is not yet compensated for goods and/or services received by the Defendant.

WHEREFORE, Plaintiff demends Judgment against the Deffendant in the amount of $$,$$$ on Count ONE plus court cost.

This communication is from a debt collector. Federal law requires us to inform.....(and so on)

Exibit A is a photo-copy of Cardmember Agreement.

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This is my info:

Card is mine. It was opened in Ohio. TransUnion has two entries with this account number: both state charged off as bad debt, but one has it paid in 03/2004, closed in 1/2007 and purchased by another lender, while the other one has it closed on 09/03 and profit and loss writeoff. (What does this mean?)

Also, as I said before, I have not lived in Ohio for about 5 years. They (Unifund) is aware of this because in 8/2006 I settled another acount with them in NY. What are acceptable proofs of residence aside from drive licence?

I need help (someone to hold my hand) to answer this summons; I have till Friday of this week 3-9. Moreover, I would appreciate any additional info as to how to handle this if something comes to my NY address regarding this same account.

Thank you all

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I've dealt with Unifund in court before. In my case, they also sent the summons to an old address. However, a family friend who lived there notified me about it, so I was able to attend the hearing date. However, before the trial date, as part of my Grounds of Defense, I complained that the Summons had been sent to the wrong address. I noted that Unifund had pulled my credit report, which contained my new address, so they were aware of current address. Their attorney's reply was that since I appeared on the hearing date, my appearance itself was an acknowledgement of receipt of the summons. In addition, that was the billing address on my credit card statements (even though that account had closed 5 years ago). Also, they argued, it was never forwarded to my new address nor was it "returned to sender".

You could take the default judgment by not showing up in court. Then, you could vacate the judgment on the grounds that you were not properly served. But, you're taking the chance that they reply with one of the arguments used against me and, in general, I think taking ANY kind of judgment is a bad idea if you can prevent it.

When was your last payment on this account? Has the SOL run yet?

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If you live out of the state where the case is, you can file a motion for improper venue. Most states have laws for this, basically saying that it's unreasonable for someone to travel long distances to be sued. Check out your state statutes so you can cite the right one.

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