Sued by NCO but info has disappeared from CR

[greywolf73]

1. Who is suing you? NCO Financial Services, INC

2. For how much? $1091

3. Who is the original creditor? Applied Bank

4. How do you know you are being sued? Received summons

5. How were you served? Were you served? Sheriff

6. What was your correspondence (if any) with the people suing you before you think you were being sued? Letters but hadn't gotten one for months

7. Where do you live? SC

8. When is the last time you paid on this account? 2005

9. What is the status of your case . Filing answer today, already sent answer to CA lawyer.

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Listed on the court public access site as filed (the summons, affidavit (exhibit, cover letter)

11. Did you request debt validation before the suit was filed? Coincidentally, I was just looking into repairing my credit when this happened. I'd just happened to have mailed off a validation request to NCO (and CRs) about this debt. I'd only mailed it 2 days before and they hadn't even gotten it yet! I think the evil bastards read my mind.

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. A five statement paragraph in which NCO says "That the Plaintiff owns the credit account issued to the Defendant pursuant to the credit agreement between the parties, and that the defendant has defaulted under the agreement by failing to pay Plaintiff $1091.09."

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? An affadavit signed by an "Agent" of NCO saying that I entered into an unsecured revolving credit card account (here they've put the original acct #) with NCO. Which is a blatant lie.

14. What is the SOL on the debt? 3 years

My husband is filing the answer right now as I write this. I've already sent the answer via certified mail to NCO's lawyer. The odd thing is that this account has completely disappeared from the credit reports (all 3 of them) in the meantime. It is now only listed under revolving accounts under the OC (Applied Bank). NCO sent me a letter telling me they were investigating the accounts I was disputing (there was another one besides this one) but that they had not reported the one we're being sued for and therefore could not change the info. Yet we're being sued by them and at the time it was listed on all CR under NCO's name. Huh?

So I'm not sure what the heck is going on right now. There was no identifying information on the summons (other than the OC acct#) and I actually had to go through the credit report to find the account number listed under Applied Bank's info to find out they were the OC.

If it has been removed from the credit reports should I dare to hope that possibly the lawsuit will be withdrawn also? Did I just luck up somehow by disputing it while they were busy writing up their summons? Or does the fact that it's still listed under the OC mean I'm still screwed? I'm confused. Any insight would be helpful and greatly appreciated. These forums have been a lifesaver--I've been reading here for months although I just signed up today.

[bigjohnstud4200]

When is the answer due? If you still have some time, you probably will want to take some advice for some of the members here. There are lots of threads that talk about how to file a strong answer and defense. I didn't have too much time to read your message, but one thing I see is that they are relying on an affidavit from an agent of their business. That can be attacked as hearsay as they have no direct knowledge of the debt.

[greywolf73]

Thanks, bigjohn. The answer is due on Monday. We've already filed it and I'd taken several examples I read on these forums and came up with an answer with affirmative defenses that I thought suited our situation. The problem is that the NCO collections, including the one we're being sued for, disappeared from the credit reports just this week. I got an email notification that there'd been a change yesterday and that's when I found out they were both gone. That's mostly what I'm wondering about. If the collections have been removed from our credit reports by NCO, can we still be sued by them?

[bigjohnstud4200]

Thanks, bigjohn. The answer is due on Monday. We've already filed it and I'd taken several examples I read on these forums and came up with an answer with affirmative defenses that I thought suited our situation. The problem is that the NCO collections, including the one we're being sued for, disappeared from the credit reports just this week. I got an email notification that there'd been a change yesterday and that's when I found out they were both gone. That's mostly what I'm wondering about. If the collections have been removed from our credit reports by NCO, can we still be sued by them?

They absolutely can. There is no law that says they have to be on your CR to sue. If they win, they will be on your CR as a judgment.