Katieg376

Being Sued!!!

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You guys have helped me in the past....

I had a TL from a certain CA on my credit report.... I disputed it in November 2005... I got a letter with a plain statement listing the orignal creditor, account number, principal balance, interest amount, my name, address and last 4 of my social, and a last transaction date of 10/05.... I sent a 2nd letter, saying it was not enough,,, it did not include all the information that I requested... I never heard back from them... Occasionally I would get a letter from them,,,, but they never verified...

Today, I received a letter from the County Clerk, the letter states I am being sued.... I have 30 days to file a response....

What should I do???

Any help, would be helpful...

Thanks,

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"...plain statement...did not include all the information that I requested..."

Aside from the other items you requested, does the data they DID provide allow you to recognize the debt? Is the debt within your state's SOL? Do you have a defense to the suit? You may also wish to post the specifics, such as; amount owed, type of account, OC and other details that will allow us to guide you.

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Well, you should file that response. If you don't, they'll ask for a default judgment.

You may want to consult a lawyer. Going on your own (pro se) is difficult.

If you choose to go it alone, you'll need to do research on your state's Code of Civil Procedure to find out exactly how to format your response. Some states have forms where you just check things off, others you must put it in "pleading format" from scratch. You may need to state your "affirmative defenses" in your answer, you may not.

Hopefully our members from New Jersey can give you more specific help.

Good luck.

DH

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Aside from the other items you requested, does the data they DID provide allow you to recognize the debt? - They state the original credit is First national Bank Omaha - Is that enough??

Is the debt within your state's SOL? - NJ is 6 years....

Do you have a defense to the suit? My identity was stolen in 2005 - they used my info and opened accounts in my name - I have a police report. I was making payments and stopped when I realized my identity had been stolen....

You may also wish to post the specifics, such as;

amount owed - $1029.29

type of account - credit card

OC - first national bank of omaha

and other details that will allow us to guide you.

Anything else, let me know....

Thanks!!!

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You file an Answer denying all their substantitive allegations and them send them a Discovery Demand for whatever they did not provide you before.

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Do you have a defense to the suit? My identity was stolen in 2005 - they used my info and opened accounts in my name - I have a police report. I was making payments and stopped when I realized my identity had been stolen....

If your identity was stolen and you didn't know about this account, why were you making payments? Also, it's been 3 years, is this the first time you've looked at your CR during this time? Did you ever sent the ID Theft paperwork to any of the creditors or CRAs?

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You file an Answer denying all their substantitive allegations and them send them a Discovery Demand for whatever they did not provide you before.

I agree, deny until they can prove it. A piece of paper saying you owed on behalf of X OC means nothing!

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Well... had my court date today... I was lucky NJ has a form online to file a response. I filled it out and sent it in...

Went to court and A$$et Accept. never showed. So it was dismissed!!!! I was all set with my DV letters and police report for ID theft...

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"...police report for ID theft..."

You'll also need a statement specifically identifying the account(s) or transactions in question and to state implicitly that they are not a result of any transaction/account pertaining to you. You can use the affidavit form from the FTC website or simply write something out yourself. Send those, along with proof of your identity to the CRA's. The reference for this is the FCRA 1681c-2, Subsection 605B. The result is the account(s) being permanently blocked from your CR. You can send a copy to the Asset for informational purposes. Be sure to send it CMRRR cuz, once informed - they no longer have PP to pull your credit.

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I'm pleased things worked out for you in this case and while I don't mean to sound as if I'm beating-up on you, I hope you (and others reading this) will take to heart that ID theft is nothing to fool around with (unless you like getting collection calls and getting sued by creditors trying to collect on the accounts that the low-life scum sucking pig who stole your identity opened in you name).

It's very important in these cased to be proactive; not reactive.

If you haven't already, fill out the FTC ID Theft form. Review your credit bureau reports on a regular basis (at least three to four times a year); anytime you find anything unfamiliar, either start the DV process to learn more or, if you can be certain that it isn't your account based on the information you already have, dispute and send copies of your FTC form and a copy of the police report to that credit bureau and any collector and/or attorney attempting to collect.

In all cases and especially when dealing with a third party; never pay a debt our of either fear or ignorance (whether ID Theft is involved or not).

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