need to answer summons

[bird]

1. NCO is suing me.

2.For 8k

3.MBNA is the OC

4.I was served w/ a citation.

5.I was served by a constable.

6.I had no correspondence w/ NCO before this. They just sent me letters and tried to call.

7.I live in Tx.

8.The last time I paid on the acct was in 2003.

9.The status of my case is that I have to answer the summons.

10.I have not disputed the debt.

11.My summons requires a response.

12.As evidence they sent a copy of an award given to them by NAF.

13.The SOL is 4 yrs.

I need to answer them by next week. I have to look for some examples of how to do so? If I don't answer them in the proper form, will my side not be considered?

I have no attorney. The attorney I called wanted about $200 for a consultation and then a retainer. I'm going to answer them myself. Is it better to answer them myself w/o an attorney than not to answer and get a default summary?

I never sent a letter of dv. Is it too late to produce one in court?

My last payment was in 2003 but one of my credit reports says that the date of the last activity was in 2006. At first I thought that was b/c it was when the debt was purchased by NCO. Now I think they may be saying that was the last time I paid. If that's the case, then that's one of my defenses.

Even though I never sent a DV letter, I would like to make sure that NCO is the person I have to pay. Do I use the fact that I don't know if NCO is the owner of the debt as part of my answer/defense?

On my credit report is says that NCO is a factoring company. Is that relevant?

Thanks for any advise.

[cjtx]

For your defenses, search this site for some refusal of arbitration letters. I have seen several of them offer good legal arguments for not being enforceable, if you didn't agree to it in the first place.

Did the OC or CA ever notify you there were arbitrations proceedings against you? I am not familiar with NAF's rules but I suppose they should have served you a summons or something.

Had you ever seen that arbitration award?

[bird]

For notification of the arbritration proceedings I was mailed a letter from NAF I believe. It was mailed to me via regular mail. A letter was then mailed to me some months later, through regular mail, showing the amount of the award.

[Recovering Attorney]

They are seeking to confirm an arbitration award. I'd get a lawyer to help you. Confirmations are not easily defended, imo

[answer2prayer]

For notification of the arbritration proceedings I was mailed a letter from NAF I believe. It was mailed to me via regular mail. A letter was then mailed to me some months later, through regular mail, showing the amount of the award.

I believe that just through regular mail wouldn't stand up for anything! They have no proof you were served with the arbitration. Mine was "served" on me through Federal Express, signature required. I didn't dispute it in anyway and then the actual "award letter" from NAF was sent to me by regular mail.

I still did nothing. They then filed suit in court on me about a year or year and a half later. I took it to my atty to handle. He told me to forget about the arbitration award. It was out of SOL!!! So that was my defense!

You say your last payment was in 2003, but what month? That is the key! You are right at the 4 yrs. Depending on the month you might be out of SOL and this might be your defense also!

Wish you the best!