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Getting Sued and Scared!!!


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I've been trying to get some collections account off all 3 of my credit record for over 5 years now. I managed to get 30 incorrect, outdated, etc items off and my credit scored jumped from 500 to 650.

I hate to admit this, but I'm tired of all the battles and the runaround with the CA, OC, CRA gives me.

Now, I have a collection account from Asset Acceptance and 1st Resolution which will not budge whatsoever. I've sent them many DV's and C&D letters certified of course. They have never reponded. They threatened to sue and blah blah blah but never verified my debt.

I asked them how can this be my debt. They report incorrect balance, amount due, last date of activity, etc incorrectly on all 3 CRA's.

6 months ago, I got a letter from Litow Law Office stating they have been hired to represent Asset and 1st Resolution and to avoid lawsuit I need to make payment arrangements.

I sent them a DV and haven't heard from them since. I checked my credit report and it's still the same. I have even tried to correct this with the CRA but they don't care.

Last week I got a letter stating that they have filed a lawsuit, but I haven't been served yet. I thought it was a scared tactic. Nonetheless, I called down to the court and sure enough they filed. They have until November to serve the summons.

My question is this, what do I do now? Do I get a lawyer since all my attempts have failed. I got desperate and decided to pay a fix your credit company called American Credit Repair to fix my credit for me...yes yes yes...stupid of me...but I got tired of fighting...now am asking if these guys can do anything for me or if I need a lawyer since I know this will go to court. My friend hired the same company and got his credit scores up by 50 to 70 points in 6 months.

What do I do now? Do I wait? Do I call Litow? Do I get a lawyer? Do I sue? or should I just let the credit repair place do their job and keep my fingers crossed? They said they have dealt with Asset and 1st Resolution before and have a lawyer of their own to dispute with the CA's.

Yesterday...big surprise....I got a letter from Litow claiming they have a valid verification of debt. It's an old credit card statement or looks like it...copied. The date on it is January of 2002. I checked all my credit report and I think the SOl in Iowa is 5 years and my last date of activity on these so called credit cards were in December 2001. There was two copies of the statement they sent me...one dated January 10, 2002 with an amount of 900 and the other one same account number dated January 12, 2002 with an amount of 1200 with 30 dollars late fees and 30 dollars over limit fees. This didn't make sense to me????

Now the Litow claims I owe Asset 6200 dollars and 1st Resolution 5500 dollars? How the heck they come up with those amounts?

I don't know what to do...I just had a kid and just bought a house.

Thank you for your help!88-)

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  • 10 months later...

Sorry if I violated any forum rules or laws here. I posted a response in another thread. But I can't afford a lawyer. I have to do this on my own.

I lost my job and apartment and almost my life and I just got my life back together this year.

Hello everyone, it's been quite a long time. I'm back after pulling my life together and getting a new job and apartment.

Litow threatened to sue me back in 2007 and I haven't heard from them since. I have sent many cease and desist letters and debt verification letters and they never replied back.

NOW, today, I got a summons to appear in court within 20 days. I am pretty scared since I don't know the unknown and what to do in court and have no experience or knowledge in the legal systems or proceedings.

They said I owe so and so amount since 2001 and to pay that plus interest. There's a second piece of paper, I don't know if I should fill it out or take it in to court and fill it out in front of someone. There's no specific instructions.

It just said, "please check one, I hereby enter my appearance and Admit the claim of the plaintiff or Deny the claim of the plaintiff.

I would appreciate any feedback or help on this matter please.

Thank you in advance for your help!

Fako_Harmony

"Thanks to this website, I am starting to have a life again."

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First things first, you need to know what the suit claims are. I prefer to deal with things head on. Call your courthouse back and ask if you can accept service there on your own. Once you see what their claims are, you can research the best way to defend against them, and determine if you need an attorney.

I did this rather than wait around, and found out they had tried to serve me at the wrong address in another state (probably purposefully). If they couldn't serve me, they could have put an ad in a paper. If I didn't see it and didn't show up for court, guess what? Default judgment. If this was purposeful it backfired, as I did show up for court, and after watching 4 default judgments for the plaintiffs, got my turn and won.

Anyway, if you have your proof that you DVd and disputed (by way of return receipts and copies of your letter) and they did not respond and did not update the CR to display "disputed" you may have a counterclaim.

I would contact a consumer law specialist, try http://members.naca.net/findanattorney.php

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The suit claims I owe such and such from 2000 and that I need to pay and also pay interest from 2000 until now and any fees.

Where can I get information on how to fight this or what to do? I've been reading threads in this forum about summons. Is there a particular way to deal with this besides filling out the form saying you deny the claim and just showing up?

I'm pressed for time since I'm going to court next week.

thank you!

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What is the best way to get more response? I'm I posting incorrectly or doing something wrong? I'm not very computer literate and I have to hunt and peck when I type. So I apologize.

It took me a very long time to type this out....but here's some more information.

I received a Summons from the Iowa District Court for Polk County Small Claims Division on August 5th. A statement on the Summons says, "To the above named defendants: You are hereby notified that the plaintiffs demands from you the amount of $3,000.00 plus interest at the rate of 5% from March 5, 2001, plus future interest at the statutory rate and costs on account number ****************. Total amount requested is $3,000. This demand is base on the failure to make payments on a credit agreement originating with PROVIDIAN. Unless you appear by completing and filing the attached appearance and answer form with the clerk of court in Riverpoint Office Center within 20 days after service of this original notice upon you, judgement shall be rendered against you upon plaintiff's claim together with interest and court costs. If you deny the claim and appear by filing the attached appearance and answer on or before the dates specified, you will then receive notification from the clerk's office of the place and time assigned for hearing."

I don't know what to do. I must admit I'm pretty scared and can't eat or sleep at this point. I don't know if I should fill out the form and send it in or take it in. Also, they said I had 20 days. They filed on July 21, 2008 and I didn't get the summons until August 5, 2008. Does that mean I have 20 days from when they filed or when they delivered?

1. Who is suing you? Litow Law Office, for Providian

2. For how much? $4,000 plus interest from 2000

3. Who is the original creditor? Providian

4. How do you know you are being sued? Received Summons with the information above.

5. How were you served? Were you served? Some lady knocked on the door and hand me the paper. I tried asking who she was and what this was for, she didn't answer and just shoved me the paper and took off. She wasn't a sheriff or anything. Look like a stay at home mom.

6. What was your correspondence (if any) with the people suing you before you think you were being sued? I have received many collection notices from First Resolution Investment claiming different amount owed from $2,000 all the way up to $15,000. I have sent them a CD and DV via CRRM. I also contested this with all 3 CB. Then I received multiple letters from Litow Law Office stating to pay or this will go to court. I sent CD and DV via CRRM. They didn't reply for over 6 months. Then one day they sent me a copy of a credit card statement which looked like anyone can copy and put my signature on it. It said I last paid in 2001. To be honest, I don't know if this is my debt or not. I don't recall the account number and can't find anything in reference to it. I did have a charge off with Providian, but it was paid in full and had a different account number. I kept on sending Litwo a CD and DV and contested with the 3 CB and also file a complaint with the DOJ. They still persisted and didn't back down and never verified and now suing me.

7. Where do you live? Des Moines, Iowa

8. When is the last time you paid on this account? I don't know, the Summons said from March 5, 2000

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). Looks like they filed a lawsuit in another county where I use to live and they couldn't find me and couldn't serve the summons so the Judge in that county closed the case.

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes with the credit bureaus and the collection agency and Litow Law Office and the OC

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

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? The Summons requires a Written Answer from me. Yes, there is only a "Appearance and Answer of Defendent" where you check Admit or Deny the claim. Nothing else.

13. What evidence did they send with the summons? An affidavit? A statement from the OC? Anything else they attached as exhibits? Nothing, just the wording from above, my name and account number and amount owed.

14. What is the SOL on the debt? State of Iowa for CC is 5 years, this is past SOL

Thank you in advance for your help,

Fako_Harmony!

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The suit claims I owe such and such from 2001 and that I need to pay and also pay interest from 2001 until now and any fees.

Where can I get information on how to fight this or what to do? I've been reading threads in this forum about summons. Is there a particular way to deal with this besides filling out the form saying you deny the claim and just showing up?

I'm pressed for time since I'm going to court next week.

thank you!

It's from 2001? Check your state's SOL. If it's out of SOL, that is a good defense right there. Just file a motion for dismissal based on it being out of SOL.

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Well I'll take a shot to help you. This is past SOL that is all you need to win. Do you have an old statement that shows the last time you paid? If you can prove this is out of SoL then there is nothing to worry about.

You received a summons so now you have to send a reply back. You can probably find a sample in one of the stickies for a "Answer to Summons" or something like that and change the details to those of your case. Make sure you deny everything and demand proof of what they say and include a SoL defense. Proper form can be found from the sample, check the stickies out.

I'm sure others could help you out more...

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I really want to get a lawyer on this, but there is no way. I don't have the funds whatsoever for the life of me.

I have looked up some lawyers via the naca website. Also, I think this is past SOL, but I've spoken to some lawyers that basically said, "Under Iowa law, all open accounts are subject to a five-year Statute of Limitation. Oral agreements are also subject to a five-year Statute of Limitation. Written agreements are subject to a ten-year Statute of Limitation. It should be noted that there is no Supreme Court or Court of Appeals ruling regarding whether or not the failure to pay a credit card is subject to the five-year or 10-year Statute of Limitations."

I've read hundreds of posting about summons in this forum but still don't know what to do. How do I even file a motion to dismiss. I've never been to court or don't know the proceedings. I've tried to read the Iowa rules of civil procedures...but come on...I don't understand it...it's not in human or English format where a normal average person can understand.

Thank you all for your help thus far...it's much appreciated...and I feel I'm not alone.

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You should be able to at least consult with one of the NACA attorneys for free. Before I went to court (small claims in my case) an attorney talked to me for an hour, free of charge, laying out everything in my favor for me. Also he reviewed my info to see if there was a counter suit, which he would have done on contingency for FCRA or FCDPA violations.

Don't be afraid to talk to an attorney, it seems to me like you may have a valid countersuit, due to non-response to the DVs and not reporting to the CRs that the account was disputed, and they could get paid through that.

ETA: Iowa code 537.2501 f

With respect to open-end credit pursuant to a credit card issued by the creditor which entitles the cardholder to purchase or lease goods or services from at least one hundred persons not related to the card issuer.....

Sounds to me like they define a credit card as an open account, so your best defense would be the SOL.

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I've contacted some of the NACA lawyers and also looked into the free legal clinic. They have been helpful and calmed me down in my fears. I will keep you guys posted on the outcome.

I'm sure someone from Asset and Litow is probably monitoring this so I'll keep it vague for now until after the outcome.

Stay tuned...and thank you everyone!

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  • 2 weeks later...

I contacted some free legal clinic and naca lawyers...they said to not post confidential information or numbers since the collection lawyers are more than likely screening the website.

Also, they said that there's no real law to protect the consumers...it's geared towards protecting the creditors.

They also said:

1. DV is waste of time most of the time, and doesn't guaranteed anything and the CA doesn't have to validate

2. The FDCPA is up to interpretations

3. Winning in court is not 100% even if you have all stacks of evidence on your side...it depends on how competent the judge presiding over your case is

4. Suing the CA is easy, winning is not

5. Even if you win a lawsuit brought against you, the CA can sell the loan to another CA and the same old BS starts up again and you have to pay a lawyer to go through the same old process of having it dismiss...then if you win again, they can sell it to another CA

6. You want to have your case dropped with dismissed with prejudice and not without prejudice

7. C&D don't mean jack, they don't have to comply with your written requests

8. You have to rack up so many violations in order to sue the CA, CRA, OC...you can't just have a couple pieces of papers and they have to violate many FDCPA laws

9. Filing a complaint with the BBB, FTC, CRA, and DOJ, Attorney General's office is a waste of time

10. paying a credit repair company to fix your credit is BS, it works but it depends on your point of view or perspective...you can fix your own credit if there are errors, incorrect information, etc. Besides, the credit repair company uses the same techniques as you do or what's on this site.

11. don't think it won't happen to you, because it's murphy's law and **** happens

12. don't be scared when the CA or lawyer sue you, they are trying to make you **** your pants, sorry if I can't say ****

13. knowledge is power, educate yourself, these CA, lawyers, CRA, OC, takes a gamble on the public and the consumer being ignorant of the law...knowing is half the battle

that's about it...sorry if I vented above...but the law is not truly blind...if you have the deep pocket to hire a good lawyer then you can mostly win at anything...if you can't hire a lawyer...then you are basically screwed...these CA, OC, etc have money to hire lots of good lawyers who don't care if it is your account or not...they just want to get paid.

I've learned a lot throughout the years about credit, credit scoring, FDCPA, FCRA, BBB, FTC, DOJ, credit repair, etc. Nothing is written in stone, it's up to interpretations and who did their homework.

Good Luck!!!!!!!!!!!!!!

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