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Credigy Receivables, Inc. - Ohio Case

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1. Who is suing you?

Credigy Receivables, Inc.

2. For how much?

$xxxx + x% since xx/200x

3. Who is the original creditor?

xxxxx Bank (Credit Card)

4. How do you know you are being sued?

Summons and Complaint served and recorded at local courthouse.

5. How were you served? Were you served?

Served via Certified Letter from Clerk of Courts

6. What was your correspondence (if any) with the people suing you before you think you were being sued?

Sent 2 DV's on 2 different occasions. Sent DV to xxxxx prior to debt being sold.

7. Where do you live?


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

Not sure of exact date, but no sooner than Dec 200x.

9. What is the status of your case?

Case has Open Status. Complaint requires answer to Plaintiff and Court.

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

No. Only disputed debt with OC and CA. Did not dispute to CRA's.

11. Did you request debt validation before the suit was filed?

Yes, on 3 different occasions. (Have copies) Never received anything other than a page showing the OC and the amount. Specific requets were made asking for history of transactions, how total was calculated, proof of ownership/assignment, etc...

12. Does your summons require a response?


We need to know what the "charges" are. Please post what they are claiming.

I'll have to get the summons from home. but basically it's worded like most others on here. Defendant charged the amount, failed to pay, unjustly enriched, etc...

Then they ask for the amount owed, with x% interest since 200x, as well as fees, etc...

Did you receive an interrogatory (questionnaire) regarding the lawsuit?


13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?

Just a single sheet showing a broken history of the Original Creditor, being assigned to a debt collection agency. This also shows dates and amount charged-off by xxxxx.

Then in the next paragraph, Credigy Receivables shows up. Doesn't mention if it was assigned or bought by them.

See attached Exhibit "A"

14. What is the SOL on the debt?

Well, this is a tricky one. This Credit Card was never applied for on paper. It was done over the phone, and the only charges added to the card were balance transfers, also done over the phone.

No payments have been made since 200x.

So does that make this an oral contract/promise and it's 6 years, or...

is this still considered a written contract, and 15 years?


So... Thoughts? Suggestions???

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I'm thinking you're going to need a lawyer to help you here. Ohio is probably the least consumer friendly state in the nation right now, and you've got a couple of things going against you.

1. Ohio courts seem to feel that any kind of CC falls under the 15 year SOL.

2. Courts in general do not recognize divorce settlements as binding upon creditors. The divorce court agreement that the ex would pay is not binding on the creditor. In other case reported on the board here, the consensus seems to be that you might have to pay the debt and then sue the ex for the money.

One thing in your favor is that if the debt has been sold to a JDB, then you're right to pursue the "change of custody" type argument. They really do need to show they've got the right to collect it.

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Yes, we have retained an attorney locally. He has gone up against Credigy in the past, and has won everytime.

On a side note, when we do the discovery, is Credigy required to show the amount they bought the debt for? And as such, can we use that as a basis for a settlement?

You're right. Ohio's law does not bind a creditor to a divorce decree. So basically our defense is going to be,

1.) Prove the debt (i.e. transfers, sales, amounts, etc.)

2.) Prove it's within the SOL. (i.e. No written agreements, proof, etc.)

3.) Furnish documents, receipts, history, etc.

4.) Hope they bail... :)

I'll furnish all documents, letters, motions, etc on this thread to help anyone else in the future. I'll also continue updating this post to reflect the current status, and hopefully, successful outcome.


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I've been looking at various counties in Ohio, and almost all (80%) of cases brought by Credigy are not followed up by the plaintiff. (i.e. ignoring trial dates, failing to provide discovery, etc...)

They usually do one of 2 things.

They don't show up for the pre-trial hearing...

They don't show up for the bench trial that's subsequently scheduled when they fail to appear for the pre-trial.

Then at that point, the court dismisses the case without prejudice.

The other option, is that they get a successful service of the summons, and the defendent never shows up. Then they get a summary judgement about 45 days after the expiration of the requirement to answer by the defendent.

Looks like with these guys, if you take it to trial, they end up quitting.

Weird, huh?

I'm still using an attorney, but from what I'm seeing, Credigy backs down pretty quick.


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From what I hear, Credigy usually has chain of custody issues and usually can't reasonably substantiate the debt. They are hoping for a default and they usually get it. Hire an atty and they fold.

Just keep the atty and I believe you will be OK. Try to get dismissed with prejudice so they can't refile.

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