johnyB Posted April 3, 2008 Report Share Posted April 3, 2008 I need some help on this one. Originally in 2003 credit card with Chase Manhattan Bank for $1250. Than in 2006 First Resolution Investment Corp as successor with Principal Balance of $1511 plus interest and now a local firm, attorneys at law wants all together with attorney fees almost $2500. First of all, I think they violated law by unlawfully getting into my secured apt. complex, knocked on the door and had my roommate sign what looked like a summons without any court date or address. There was a name of original creditor, amount, and a copy a cardmember agreement. Just a scare tactic, yet discussed and seen by the third party, a witness my roommate, who saw the entire summons.Secondly,I send them a DV letter requesting more detailed validation and on the last 30th day i recieved their letter. Pretty much the same information, saying that they are getting ready to file documents for judgment and only with the information i already saw in the "summons". This time the cardmember agreement looked a little different and after i looked closely, first one was JP Morgan Chase and the second one was Chase Mastercard and Visa Agreement. Not a single bill, nothing signed.Also, i have previously tried to dispute this debt on experian by saying that there were many unauthorized charges on the account that were never reversed. Thats why the account went to collection. But experian investigated and said that "If fradualent charges were made on your account, the credit grantor may not know how to contact you to discuss this matter. The credit grantor requests that you contact them directly."Please help what should i do next and who should i contact.ThanksJ Link to comment Share on other sites More sharing options...
AISLE4 Posted April 3, 2008 Report Share Posted April 3, 2008 You need to go to your county court and find out if a lawsuit has been filed against you. Many county courts now have this info online. The collection agencies all (pretty much) use the threat of legal action to scare you into paying, and you're dealing with a junk debt buyer. JDBs love using the threat of legal action, and they hate validation requests. If you have legitimate concerns and questions about the debt that are not being answered, a courtroom is often the best place to get things resolved. If they don't want to give the info to you out of court, make them give it to you in court.The last time you paid on this debt was 2003? What's the statute of limitations in your state?The debt is not large in the big scheme of things. These cowboys appear to be reckless. You likely would not have much trouble getting them on violations that would exceed the amount they are trying to collect.By the way, the only way they get a judgement is if they sue you and win. That's an uphill battle for them if you are in a fighting mood.Who is it that is contacting you? If it's a collection law firm, please give us the name of the company. Folks here will be able to help you know your opposition. Is the collection law firm working for First Resolution or themselves...or somebody else. Who now owns the debt?And please tweak the dollar amounts in your post so that they are not exact (you don't want to be identified). Ballpark figures are fine.What is it about the delivery that makes you think it is a fake summons and not just a letter? Did someone use the word "summons"? Link to comment Share on other sites More sharing options...
johnyB Posted April 4, 2008 Author Report Share Posted April 4, 2008 The SOL in my state is 6 years so I still have some time left on this before they can stop. The company is called Messerli & Kramer P.A. They are apparently big firm that does everything, does collections and have their own lawyers as well. They were sued before by local non-profit along with a big politician for unethical practices and business.Anyways, that second letter i recieved says this:----------------------------------------------------------------- RE: First Resolution Investment Corp. as a successor in interest to Chase Manhattan Bank vs. Jan Blasko, "I note that you were recently served with our Summons and Complaint. I also noticed that you recently send a letter regarding this account. As you have not interposed a formal Answer in accord with the relevant court rules, we are preparing administrative default judgement documents for filing with the court. We will refrain from filing these documents to allow you time to seek legal counsel, interpose a formal Answer, and/or set up a suitable repayment plan with our office. If we do not hear from you, we may be requesting that the court enter a default judgement against you. Please be advised that pursuant to 15.U.S.C 1692(g)(, you were required to request validation of this debt in writing within 30 days of receiving the demand letter and validation notice. Notwithstanding, pursuant to your request, enclosed herewith please find the account information documenting the amount owed related to this account. Specifically:Balance due:-----Name of Creditor: First Resolution Investment Corp. as a successor in interest to Chase Manhattan BankName of original Creditor: Chase Manhattan BankAddress of original Creditor:------Original account number:-----Date Account was opened:-----Date of last payment:---2006----------------------------------------------------------Attached is the copy of cardmember agreement with underlined address of orginal creditor and also highlighted that i will be required to pay attorney's fees.When they got into my apt.complex and my roomated signed for this, First page says Summons and the second page says Complaint with the same info stated above. No court file number. Just the letterhead with plaintiff and defendant. Link to comment Share on other sites More sharing options...
gator944 Posted April 4, 2008 Report Share Posted April 4, 2008 Not sure about the validity of the summons or the case, but Debtor's Husband provided some great case law on one of my posts about Midland Funding. The case law documents that just because you didn't dispute within the 30 days of their initial contact does not constitute admission or automatic liability of the debt.Definitely do a search for it and not the applicable case law in your answer to them. Let us know what you accomplish along the way. Best of luck. Link to comment Share on other sites More sharing options...
Debt Guy Posted April 5, 2008 Report Share Posted April 5, 2008 Does not sound to me like the summons is fake as you assumed.You need to haul down to the courthouse first thing Monday with documents in hand and confirm with the Court Clerk whether or not you have been sued.Once you have been sued, a DV is useless. Court is the place to work out your differences.Sounds to me like you need an attorney. Link to comment Share on other sites More sharing options...
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