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Recieved summons letter, am I up a creek??


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1. Who is suing you? NCO Portfolio Management Inc.

2. For how much?On the court docket it reads $5000.00, but the letter that the lawyer mailed read $10,513.00

3. Who is the original creditor? Citi

4. How do you know you are being sued? I received letters from solitcitors to help. Then I received a letter from the atterneys that read:

Dear Believe:

Recently the District court notified our office that the lawsuit filed by P&P on behalf or our client has been assigned a case number. The number is XXX-XXXX. If you have any unresolved questions or if you would like to discuss arrangements, please call our office.

Very truly yours,

atterneys

This communication is from a debt collector.

The attorneys inthis firm are only licensed to practive in the state of maryland.

This is an attempt to collect a debt and any information obtained will be used for that purpose.

5. How were you served? I was not served. I checked the court docket and it says that they communicated with me through mail on 2/8/07. I am not sure if that was the summons, because I do not recall any mail from them with the exception of the letter above that was mailed on 2/15/07.Were you served?

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?Maryland

8. When is the last time you paid on this account?I paid the original creditor in 3/2004

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 is active. What do you mean by opened?

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

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

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? Not that I know of. Just the letter that I spoke of before

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?They did not send anything with the letter.

14. What is the SOL on the debt? To find out: 3 years in MD, but citi sold the account in 2005 to NCO. How does this affect the SOL? Does it start it all over again?

http://www.creditinfocenter.com/rebu...itations.shtml

Please help. What should I do? THe court date according to the web page is set for April. How should I respond? Should I just throw in the towel or should I try to attempt to fight? I had no idea that I was supposed to DV the creditors beforehand. Thanks for any help

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First you need to call the courthouse where you live and see if anything is filed...since you were never served...you want to go there and ask to see the file...copy whatever is in it

Next sol is 3 yrs you said..you also said you last paid 3-04 thats close

i would check all three credit reporting agencies..request hard copies and see what theyre showing...

also read you rules of civil procedure for your state as you will have to respond to this claim from the time frame listed in your rules of civil procedure. you may want to consult an atty..first consults are ussually free..

hope this helps

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1. Who is suing you? NCO Portfolio Management Inc.

2. For how much?On the court docket it reads $5000.00, but the letter that the lawyer mailed read $10,513.00

3. Who is the original creditor? Citi

4. How do you know you are being sued? I received letters from solitcitors to help. Then I received a letter from the atterneys that read:

Dear Believe:

Recently the District court notified our office that the lawsuit filed by P&P on behalf or our client has been assigned a case number. The number is XXX-XXXX. If you have any unresolved questions or if you would like to discuss arrangements, please call our office.

Very truly yours,

P&P

This communication is from a debt collector.

The attorneys inthis firm are only licensed to practive in the state of maryland.

This is an attempt to collect a debt and any information obtained will be used for that purpose.

5. How were you served? I was not served. I checked the court docket and it says that they communicated with me through mail on 2/8/07. I am not sure if that was the summons, because I do not recall any mail from them with the exception of the letter above that was mailed on 2/15/07.Were you served?

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?Maryland

8. When is the last time you paid on this account?I paid the original creditor in 3/2004

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 is active. What do you mean by opened?

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

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

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? Not that I know of. Just the letter that I spoke of before

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?They did not send anything with the letter.

14. What is the SOL on the debt? To find out: 3 years in MD, but citi sold the account in 2005 to NCO. How does this affect the SOL? Does it start it all over again?

The SOL does not begin again. You should definitely use SOL as one of your defenses, but you should also raise other defenses in case they got in just under the SOL

http://www.creditinfocenter.com/rebu...itations.shtml

Please help. What should I do? THe court date according to the web page is set for April. How should I respond? Should I just throw in the towel or should I try to attempt to fight?

I say fight. Time is of the essence though. You need to go down to the court and copy everything in the file. Then you need to read the Summons and see how much time it gives you to file an Answer. Report back here ASAP.

I had no idea that I was supposed to DV the creditors beforehand. Thanks for any help

Once you have the info from your file, I can help you with your answer.

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What is the difference between a trial and a hearing? Basically, which is better for me? I feel so ignorant. People I really appreaciate your assistance as I am about to pass out because I just found out that I am being sued by an assignee of Household bank. I have not been served yet, but I checked the courts docket. I will start another thread for this Household bank.

Once I get out of this mess, I will NEVER receive another credit card for over $500!! I am practically sick to my stomach.

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I just got back from the courthouse where I picked up a copy of the summons. They have until March 14 to serve me.

In the summons, the court states that I have 15 days from receipt to defend or notify the court that I will be present.

In the summons, they have attached an affidavit from the legal coordinator of NCO Portfolio Management . THey have also attached a general credit card agreement from citibank. They do not have anything with my signiture on it.

They do have a credit card #.

What does "Ncop-Purchaser from citibank" mean?

In the citi contract that they have attached, it does read that citi reserves the right to Assign any or all or our rights and obligations under this agreement to a third party. Even though this contract was written in 1999 and I opened that citi account in 1992.

Citibank is not on my credit report, so I can not even see when the last time I paid them. I thought they were on my account, I read wrong. The only people on my credit report regarding this account is NCO Portfolio.

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I just got back from the courthouse where I picked up a copy of the summons. They have until March 14 to serve me.

In the summons, the court states that I have 15 days from receipt to defend or notify the court that I will be present.

In the summons, they have attached an affidavit from the legal coordinator of NCO Portfolio Management . THey have also attached a general credit card agreement from citibank. They do not have anything with my signiture on it.

They do have a credit card #.

What does "Ncop-Purchaser from citibank" mean?

In the citi contract that they have attached, it does read that citi reserves the right to Assign any or all or our rights and obligations under this agreement to a third party. Even though this contract was written in 1999 and I opened that citi account in 1992.

Citibank is not on my credit report, so I can not even see when the last time I paid them. I thought they were on my account, I read wrong. The only people on my credit report regarding this account is NCO Portfolio.

You need to write your answer and defenses and counterclaims (if any). Each answer will correspond to each allegation against you in the Complaint. If you want to post a sanitized version of it here, I can tell you how I would answer.

Look at the first post here for a list of defenses: http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=235887&page=3

You should use each and every one that could pertain to your case. The idea is to raise as many defenses as possible. You do this for serveral reasons:

1) In many courts if you don't raise a particular defense at the onset, you can lose the right to assert it later.

2) It complicates the case and creates more work and expense for the plaintiff.

3) It gives you multiple options on how to argue your case. If you try defense #1 and it goes no where, you move on to defense #2 and so on.

Do you have them on any violations of the FDCPA, FCRA or any state/local statutes? Have you ordered and reviewed your credit reportgs from all three bureaus?

You really need to get started on this ASAP, because from what you have stated, if they mailed the summons to you on the 8th of last month, given a reasonable amount of time for it to reach you, I would think that your answer should be due around the 14th or 15th. Get started!

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Okay, they want to play court, fine, play possum, go to court. When you get to court, then you tell the judge you want to see YOUR ORIGINAL SIGNED CONTRACTS, YOU WANT TO SEE SIGNED CHARGE SLIPS THAT CREATED THE DEBT THEY ALLEDGE YOU OWE........."NOT MINE" is your attitude, you tell the judge I WANT THIS DISSMISSED UNLESS THEY CAN SHOW ME WHERE I OWE ANY MONEY TO ANYBODY..........MY BETS ARE ON "OH WE DO NOT HAVE THAT INFORMATION" They will send either a flunky OR an outside attorney and you walk in ready for battle. IF your in NYC or FLA and need an attorney, I will suggest one for you but in private, I am NOT an attorney but know the game with these jerks, GO TO COURT or they can get a default judgement on you and then you have to get it vacated ect ect.....Wiz

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I did order my credit reports and citibank is not listed, just NCO.

On the credit report, it lists the date opened for the NCO account as being

09/2005. However, on the affidavit, it reads they are charging interest starting from 07/14/04.:confused:

Is this right, to be able to charge interest when they were not even dealing with the account?

NCO writes that they are the assignee of citi, the OC. Are assignee and purchaser the same? On one credit report where it asks type of loan, they have listed: Factoring Company Account (debt purchaser).

I am really trying to find some type of hole in their case, well actually, a few holes:roll:

Thanks everyone for any imput. I am trying to learn as quickly as possible.

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They have a affidavit from someone that works in the legal office of NCO.

I have some questions about the DOLA for my origianal citi account as it is not listed no where on my credit reports. THe only account listed is NCO and they have the date opened in 2005. Although, the paperwork that they have includeded in the summons states that the charge off date was in 2004.

Do I have anything here?

How do I find out the DOLA? Please help....

Thanks

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I did order my credit reports and citibank is not listed, just NCO.

On the credit report, it lists the date opened for the NCO account as being

09/2005. However, on the affidavit, it reads they are charging interest starting from 07/14/04.:confused:

You stated in your original post you last paid the OC in 3/04. I assume you never brought the account current, which means in 4/04 the account became delinquent. This is the date that should show on your credit report as to when the account went bad. It is also the date that will determine the 7 year reporting period. So, it does not matter how many times the account is sold--whomever owns it after must stop reporting the collection account by 4/20011.

As far as what date they began calculating interest...this is where the myriad of defenses come in. Raise the issue and argue it in court when the time comes. I think this defense ought to cover it:

As and for a Twenty-third Defense

Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Junjust Enrichment as the Plaintiff would receive more money than plaintiff is entitled to receive.

Is this right, to be able to charge interest when they were not even dealing with the account?

NCO writes that they are the assignee of citi, the OC. Are assignee and purchaser the same? On one credit report where it asks type of loan, they have listed: Factoring Company Account (debt purchaser).

What NCO is stating is that citi has sold and assingned the alleged debt to them. This is good for you becaue NCO will run into many problems trying to prove the chain of custody on the alleged debt.

Also, refering to the alleged debt as a "factoring account" is a violation of 15USC 1692(e)(2)(A):

"§ 807. False or misleading representations [15 USC 1692e]

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(2) The false representation of --

(A) the character, amount, or legal status of any debt; or"

That "factoring" business on your CR is a false representation of the character of the alleged debt. Save that CR.

I am really trying to find some type of hole in their case, well actually, a few holes:roll:

Thanks everyone for any imput. I am trying to learn as quickly as possible.

Have you started on your answer?

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They have a affidavit from someone that works in the legal office of NCO.

I have some questions about the DOLA for my origianal citi account as it is not listed no where on my credit reports. THe only account listed is NCO and they have the date opened in 2005. Although, the paperwork that they have includeded in the summons states that the charge off date was in 2004.

Do I have anything here?

How do I find out the DOLA? Please help....

Thanks

You can call Citibank and find out the DOLA. Ask them to send you something in writing. While you are waiting on the mail, include a counterclaim for re-aging and for reporting false information (factoring account). These acts violate 15 USC 1692(e)(2)(A) of the FDCPA (Fair Debt Collection Practices Act) and 15 USC 1681s-2(a)(1)(A) of the FCRA (Fair Credit Reporting Act)

A factoring account is when a company sells CURRENT account receivables to a third party at a discount off of the face value of the accounts receivables. The third party will then receive the full payment of what was owed to the original company. This process allows the business to raise needed cash FAST and NOW---in other words, they do not have to wait through typical 30-90 day period it would usually take for them to get paid.

NCO is not a factoring company. When they step in on debt, it is a DELINQUENT debt. So that "factoring" crap on your report is a lie.

You can read more about factoring accounts here: http://www.morebusiness.com/running_your_business/financing/factor.brc

In particular, note the following: "Factoring is not a collection system for bad debts or even slow pay accounts."

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I have received a summons for a deficiency judgement on a repossession. Once I received the summons I was instructed that I had 20 days to file a response to the complaint, which I did. I basically took the same format of the complaint and answered either "I admit, deny or I do not know" to the 3 complaints.

I also called my state's (Florida) legal advice telephone number. I qualified for free legal advice and they sent me a packet of information.

I have filed with the county court and sent the response to the lawyer who is representing Ford. Since I have filed this I have the opportunity for "discovery" which will mean I will receive EVERYTHING the lawyer has on me. With that I can then go to court and defend myself. (Cross my fingers)

Check with your states legal advice "hotline". I am sure that they can help. Look in the phone book under "legal Aid".

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Ok, I have not officially been "served" yet. I saw the suit on the court's webpage. I went to the courthouse and had them copy my file. This is how I saw the summons. I have not started my answer. They have until the 14th of March to serve me.

Should I list all of my defenses in my answer?

Should I deny it is my account until they can show me some proof in my answer?

Should I do a rebut affidavit in my answer?

What should my answer contain?

Also, when viewing the NCO account on my CR, the CR reads that this account is scheduled to stay on my report until 6/2010. This may make this account older than I previously thought. Does SOL start the date of the first delinquency, or the date of last activity?

I really appreciate everyone's assistance.

BTW I am in Maryland and I am not allowed any discovery for the small claims court. That is sooo not right that they are allowed to attempt to sue me in small claims. Isn't small claims court supposed to be for the little guy?

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You can call Citibank and find out the DOLA. Ask them to send you something in writing.

That's a lot easier said then done. I'd certainly 'try' to call the OC, but in my experience when the paper trail hits a JB as far down the chain as NCO, the OC will be able to tell you nothing except that the account was sold and the name of the 1st purchaser.

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If I use the SOL as a defense, do I have to prove it? How can I prove this if the OC has no records? Please help.

The law firm that is handling this case for NCO, filed 90 cases on the same day as mines. They win by default on the majority of their cases. Since finding this webpage I have learned so much, but I am still confused on a lot. I spoke with an Attorney from the consumer page, but she stated that she charges a flat fee of $1500. THen she asked me what type of settlement would work better for me? :shock: SHe did not even appear to have the least bit of interest in fighting for me. She never told me that usually even if I were to agree to a settlement, many attorneys still seek to put the judgement on your CR; I learned that from this site.

So here I am, I am searching like crazy all over the board for answers to my questions.

Thanks for all of your assistance.

BTW: THis is the sol law for my state:

§ 5-101. Three-year limitation in general.

A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced.

Could this be mean that sol starts from the time the account went deficient and was never bought back to current?

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My SOL is due to run to March 07. I am thinking it has been tolled as the result of the filing of this case in January 07. If I am able to have this case dismissed, what happens to the tolling of SOL? Does it go back to March, or do I have to account for those months that it was tolled, add on 3 more month? Thanks so much for any help :)

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  • 1 month later...

Went to court regarding another case: Atlantic, Credit and Finance. This case was transferred to another venue because of venue issues. We asked for a dissmissal, but the Judge was not trying to hear anything that we were trying to say. I was sickened by the lack of concern for the consumer. It was like the Judge was in favor of the CA. :evil:

When we went to court, it was a group of attorneys making deals with people. The attorneys were so Jolly as they had people signing their lives away. When they called my name, we went up and the attorney asked ok what do you want to do, pay it all today, or set up a payment plan? I was like, no I mailed in the form stating that I intended to defend. I also mailed a letter to the attorney a week ago stated that I wanted to see proof of the account and the chain of assignment. All of my request have gone unanswered. Well, the attorney was frazzled. He was not the attorney that they had listed would be there. He was not even entered in the court as the attorney that would be taking over the case. He then shoved these papers at me, say that I needed to sign for a continuence. I said that I wanted to see the judge. He said that the judge would not be in the courtroom until late, and I would be better off signing. I said no. When the judge came in we were the only ones in there besides the attorneys that were reading lists and lists of names for judgements. The judge finally asked for us, or, me. He seemed frazzeled that I mentioned that the new attorney had not entered in officially to take the case and how I had sent in my intention to defend sheet and had also mailed in a demand for proof. He was like...'so?!'.:shock: It was evident that he knew all of the road show attorneys and I was barking up the wrong tree if I thought I was going to get justice.

Well, he then asked what were my issues. I said that I had a venue issue. He said that he would transfer the case. I stated that I took time from work and I named venue as a defense weeks ago in the intention to defend doc. therefore I said it should be dismissed. He was like "NO, it will be transferred"

Well, I tried. My pressure must have gone up, because I have had a headache all day. I cannot believe that judges side with these jerks and give them time to try and fry the consumer.

I have not been served in regard to my other case with nco. Two cases at one time....88-)

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