Received summons and complaint in the mail

[longislandmomindebt]

Hi all.

On Thursday I received a summons and complaint in the mail for a credit card that I did apply for. I applied for this credit card at Washington Mutual with my daughter as an authorized user on the account. I wanted to help her build credit for the future.

Anyway - she was doing really well charging on the card, and keeping up with payments. Then, in November of 2008, she missed one payment. Her job was cutting hours, and she was short on funds. It just ended up snowballing into a huge mess.

Over the last year and a half, the card went from being owned by WaMu, to Chase (with the buyout), then on to at least two different collectors that I knew about.

Fast forward to Thursday. I received the Summons and Complaint in the mail from a lawfirm that is 'supposedly' representing Chase. This is my first communication from this entity. They did not send a letter asking for me to validate within any number of days that it was or wasn't my debt.

I'm going to contact the court clerk tomorrow morning and find out if this is a real summons - there is no court stamp, and I tried searching for the index number on the summons, but found nothing.

I'm also really worried that they will freeze our joint bank account. My husband makes 95% of the money for our family. I work part time, and make very little compared to him so all money in the account is really 'his'.

I keep reading how everyone says to deny the charges, but, I can't really do that. I didn't do the charging, BUT, I gave my daughter the authorization to charge on the card.

How should I proceed?

Thanks.

Edited April 13, 2010 by longislandmomindebt

[ADSOFT]

I'm in Calif. but keep in mind that most of these collectors don't even have the proper docuementation to win in court. The have to prove the bought the debt and all the charges, which they usually lie about anyway.

Denying everything is usually the way to go. They will probobly send you some discovery information, at which point you should send them some discovery info to prove they own the debt and that all the fees are correct, you don't want to pay a guy who doesn't even own the debt.

Once they prove they own the debt, and the fees you might want to settle for a smaller amount, or go to litigation,

Others should be able to help here, dispute everything and make them prove the debt, then consider litigation.

Just suggestions as to what I might do.

[Guest usctrojanalum]

Hi, I live on Long Island as well - Suffolk County.

Obviously without a doubt answer the complaint, this will at the very least buy you time. I have held up litigation in Long Island courts for over a year before, I am going to assume you were sued in a District Court and not a Supreme Court because of the balance you stated.

Deny everything and make them prove it. If they can prove it and have the proper documentation to back it up then fine cross that bridge when you get there.

Also if it does eventually get to judgment and you are worried about your bank account being frozen, just keep your balances below $1700 in your accounts. Restraining notices are void if there is <$1700 in a bank account.

[ADSOFT]

Hi, I live on Long Island as well - Suffolk County.

Obviously without a doubt answer the complaint, this will at the very least buy you time. I have held up litigation in Long Island courts for over a year before, I am going to assume you were sued in a District Court and not a Supreme Court because of the balance you stated.

Deny everything and make them prove it. If they can prove it and have the proper documentation to back it up then fine cross that bridge when you get there.

Also if it does eventually get to judgment and you are worried about your bank account being frozen, just keep your balances below $1700 in your accounts. Restraining notices are void if there is <$1700 in a bank account.

Thanks for confirming my approach.

Btw, what is proper documentation that they have bought the debt and are allowed to collect on it?

[admin]

You can also look up the case on line (if they have it) or call the court clerk's office. They can tell you if it's a real case.

[Guest usctrojanalum]

Thanks for confirming my approach.

Btw, what is proper documentation that they have bought the debt and are allowed to collect on it?

If Chase is the plaintiff and still owns the debt, then they would need at the very least statements and payments made to Chase.

If it's a JDB they would need assignment documentation, however I know from personal experience that THIS MUST BE BROUGHT UP IN YOUR ANSWER OR YOU CAN'T TRY TO USE IT LATER. In the answer you should state that you are disputing that JDB has authority to collect the debt and demand proof that they are the rightful owners.

[ADSOFT]

If Chase is the plaintiff and still owns the debt, then they would need at the very least statements and payments made to Chase.

If it's a JDB they would need assignment documentation, however I know from personal experience that THIS MUST BE BROUGHT UP IN YOUR ANSWER OR YOU CAN'T TRY TO USE IT LATER. In the answer you should state that you are disputing that JDB has authority to collect the debt and demand proof that they are the rightful owners.

Nothing personal, but I highly doubt that. If it were the case then the court would open itself up to enforcing unenforcable contracts. They still have to prove that they own the debt and have the right to sue you, which would requires both assignment documentation and an agreement?

Comments.

[Guest usctrojanalum]

Again do not get too caught up on the signed agreement part. CC companies do not need a signed agreement to prove that a contractual relationship exists.

[longislandmomindebt]

Okay - I called the clerk's office, and this case is real. The case has actually been filed with the Supreme Court in Suffolk County.

It says:

To the above named defendant:

You are hereby summond and required to serve upon plaintiff's attorney, at his address stated below, an answer to the attached complaint.

If this summons was personally served upon you in the State of New York, the answer must be served within twenty days after such service of the summons, excluding thedate of service. If the summons was not personally delivered to you within the State of New York, the answer must be served within thirty days after service of the summons is complete as provided by law.

If you do not serve an answer to the attached complaint within the applicable time limitation stated above, a judgment may be entered against you, by default, for the relief demanded in the complaint.

Name, Name, & Name

Attorneys for Plaintiff.

Federal law requires us to inform you that this communication is from a debt collector and is an attempt to collect a debt and any information obtained will be used for that purpose

____________________

As for the first cause of action

1. Upon information and belief, the defendants reside in the county in which the action is brought; or that the defendants transacted business within the county in which the action is brought in person or through his agent and that the instant cause arose out of said transaction.

2. That plaintiff, at defendants express or implied request, provided credit to the defendant.

3. Thereafter, defendant incurred various charges, and defendant presently owes $xxxx.xx in unpaid charges thereon.

4. Payment of the defaulted balance has been duly demanded and remains unpaid.

As for the second cause of action:

5. Plaintiff repeats and reiterates each and every allegation contained in Paragraphs 1 through 4 inclusive, as if more fully set forth herein at length.

6. Plaintiff rendered a written statment to defendants setting forth the fact that goods and or services were purchased through said extended credit and goods and/or services were not paid for by defendants and defendant did not dispute the existence or accuracy of said statment and the underlying indebtedness therein on said statement constitutes a written account stated.

Wherefore, plaintiff demands judgement as follows:

a. Against the above captioned defendants on the first and second causes of action, in the amount of $x,xxx.xx

b. For the costs and disbursements of this action..

Dated:

January 12, 2010

_________________________

This account has been owned by one, if not two other collectors before this one. The others had sent a letter in the mail requesting validation, which I had turned over to Credit Solutions. I never received any letters from this law office before this summons was served by mail to me.

The amount they state is owed is higher than it was when my daughter made the last payment in October of 2008.

About two months ago, I had requested a free credit report, and I think that Chase had written this account off - I am looking for the report to be sure.

I have yet to tell my husband about this. I wanted to find out if it was real first, and then let him know. He's going to flip when he finds out...he doesn't have the best relationship with our daughter due to all the credit problems she's brought upon me....and now, it's going to be worse. He's furious that we worked so hard to have great credit, and by me trying to help her, my credit is destroyed just like that.

I'm here to learn how to proceed, and anxiously await direction on how to answer this complaint. Thank you so much.

Edited April 12, 2010 by longislandmomindebt
edited to remove names, and $$

[Guest usctrojanalum]

Okay so that is a pretty standard summons and complaint. Supreme Court of Suffolk is pretty tough court to be sued in as a consumer because every judge sitting in that part is Republican.

Good news is Supreme Courts are one of the slowest moving courts, the plaintiff is going to have to purchase a Request for Judicial Intervention and then a Request for a Pre-Trial Conference. All of this takes a really long of time.

Deny everything in the complaint except the part about you living in Suffolk County, then list in a separate paragraph a set of affirmative defenses.

[longislandmomindebt]

Okay so that is a pretty standard summons and complaint. Supreme Court of Suffolk is pretty tough court to be sued in as a consumer because every judge sitting in that part is Republican.

Good news is Supreme Courts are one of the slowest moving courts, the plaintiff is going to have to purchase a Request for Judicial Intervention and then a Request for a Pre-Trial Conference. All of this takes a really long of time.

Deny everything in the complaint except the part about you living in Suffolk County, then list in a separate paragraph a set of affirmative defenses.

Regarding your first paragraph - ugh, that's not what I wanted to hear. Honestly, I'm not really expecting to win - but, how tough will the judge be? I've never had any experience in a courtroom.

I really hope that it's as slow moving as you say, and I don't get unlucky and get called really fast.

Should I say anything in my answer about not getting a dunning letter from the firm that is bringing this suit? Should I ask for assignment documentation? Should I ask for proof? 90% of the charges on this card were made by my daughter. Unfortunately for me, I authorized her to use the card, so it all falls on me.

You say to make a set of affirmative defenses - I'm clueless in this because I don't know what to say.

I'm sorry to be so dense - but, I've never experienced this type of thing before, and I'm quite nervous.

[Guest usctrojanalum]

Few things,

-dunning letters are not required before the filing of a lawsuit, so I would not bring it up.

-the way the Supreme Court operates you are not likely to be before a judge ever, unless you take it as far as trial. Or there is some crazy dispute at a pre-trial conference or a compliance conference where the judge is going to weigh in with an opinion or advice.

-Just put in any affirmative defenses you want, my favorites are: lack of personal jurisdiction, statute of frauds needing a contract to exist, plaintiff fails to state a claim upon which relief can be granted.

[ADSOFT]

:

Regarding your first paragraph - ugh, that's not what I wanted to hear. Honestly, I'm not really expecting to win - but, how tough will the judge be? I've never had any experience in a courtroom.

I really hope that it's as slow moving as you say, and I don't get unlucky and get called really fast.

Should I say anything in my answer about not getting a dunning letter from the firm that is bringing this suit? Should I ask for assignment documentation? Should I ask for proof? 90% of the charges on this card were made by my daughter. Unfortunately for me, I authorized her to use the card, so it all falls on me.

You say to make a set of affirmative defenses - I'm clueless in this because I don't know what to say.

I'm sorry to be so dense - but, I've never experienced this type of thing before, and I'm quite nervous.

Try to find out about a General Denial, I think it will limit them on what they can ask you in interogetories.

If there is no demand letter or account number in the summons, this would fit well since you can claim that you don't know what bill they are talking about

[longislandmomindebt]

I've been browsing around this foum, and found this thread titled:

SUED BY CHASE: BETTER READ. It's on page 9 of this forum. Unfortunately I can't post a link yet.

From what I understand,the credit card unit (at Chase) misrepresented information about a portfolio of card debt for sale. An Assistant VP at Chase was relieved of her duties when she questioned the way the bank was representing the portfolio.

Do you think that any information in this case could help me with my case since the creditor is Chase?

Also, does it matter much that WaMu was the OC of this account?

As I'm reading answers that other people are posting, it's sinking in why I should deny all allegations. Firstly - there is no account number listed on my summons, so basically, how do I know for sure the account they are talking about is mine?

I have to admit, though, I'm sitting here wondering how in the world I'll figure this all out, and keep everything straight in my head when the time comes to sit down with anyone about this....

[Guest usctrojanalum]

Firstly - there is no account number listed on my summons, so basically, how do I know for sure the account they are talking about is mine?

You would find this out through discovery, in NY a summons is simply a notice that you are being sued and the complaints are basically very very boilerplate. Every summons and complaint filed in the courts here for debt collection litigation they all look exactly the same.

[longislandmomindebt]

Do I need to file a Motion for Discovery when I file my answer to the summons?

[plankton65]

It depends on your civil rules of procedure, in Michigan discovery either can be granted at pretrial or motioned for. For states that allow discovery it is always good to send it back with your answer as it puts you on the offensive and you can motion for summary judgement if they do not answer your discovery. This is good unless you choose the arbitration per your card member agreement, then discovery may waive your arbitration rights.

[Massive]

I've been browsing around this foum, and found this thread titled:

SUED BY CHASE: BETTER READ. It's on page 9 of this forum. Unfortunately I can't post a link yet.

From what I understand,the credit card unit (at Chase) misrepresented information about a portfolio of card debt for sale. An Assistant VP at Chase was relieved of her duties when she questioned the way the bank was representing the portfolio.

Do you think that any information in this case could help me with my case since the creditor is Chase?

Also, does it matter much that WaMu was the OC of this account?

As I'm reading answers that other people are posting, it's sinking in why I should deny all allegations. Firstly - there is no account number listed on my summons, so basically, how do I know for sure the account they are talking about is mine?

I have to admit, though, I'm sitting here wondering how in the world I'll figure this all out, and keep everything straight in my head when the time comes to sit down with anyone about this....

I'd deny the petition and make the law firm prove that Chase has authorized and is participating in this suit. Did they include an agreement citing the terms which state that Chase has authorized this suit?

[longislandmomindebt]

I was reading the NYS laws thread, and this:

The creditor or collector must send the consumer written notice indicating amount of debt; to whom it is owed; and when it is due. The statement must also inform the consumer of the right to dispute validity of the debt.

I never received a letter like this, just the summons and complaint from the law firm that alleges they represent the bank. In writing up my answer, is that something I should point out?

Thanks!

[Guest usctrojanalum]

A summons and complaint is a written notice of the debt, to whom it is owed, and when it is due. A summons also gives you the right to dispute the validity of the debt.