JDB has credit statements...what to do next?

[tiredofdebt10]

Hello all. I received a summons and complaint from an attorney for JDB back in May I believe. They are claiming that I owe a debt to Citibank from 2007. I promptly answered their complaint and asked for discovery. They sent me a letter stating that the last payment on the account was in February 2007 so I am thinking that the SOL has expired because it is 3 years in my state. I had a court date in July but they asked for a continuance for discovery. I have not received a letter for a new court date yet, but I did receive several copies of credit card statements from them showing payments to the account and purchases made. All the statements that they sent do not show that the account is in default except for the last statement that has a date of October 2007 which shows the full amount that they are attempting to collect. They did not send a copy of the statement showing the first default or any other defaulted statements (except the final one of course). I cannot tell from their letter if I have to answer their discovery or if I just have to wait for a court date. I also would like to know if I can claim that the SOL has expired and if I can send in documentation now to claim that or if I have to wait to go to court. I am afraid that they will try to say that the SOL began in October 2007 instead of February 2007 when the last payment was made, therefore defaulting on the agreement. Please help with any information that can get these folks off my back.

[BV80]

Hi tired,

You can find the date of first delinquency and the date you made your last payment (they could be one and the same) on your credit report. Usually a CC company will charge off an account 6 months after the last payment was made, but not always. The JDB cannot claim the SOL began when the account was charged off.

The reason they didn't send you a copy of the statements showing default was because they are hoping they've scared you, that you'll do nothing else, and they can get a settlement or a default judgment.

Did you use the SOL in your affirmative defenses when you answered the complaint?

In your Request for Production of Documents, did you ask for proof of ownership of the account? If not, you can submit a 2nd set of Request for Production of Documents. They must prove they own the account and have the right to collect the debt. Most JDB's cannot do so. They'll send a copy of a bill of sale for a portfolio which supposedly included your account, but they cannot prove your account was, in fact, included.

You've already got them on the SOL, and most likely Proof of Ownership as well.

[Massive]

Hi tired,

You can find the date of first delinquency and the date you made your last payment (they could be one and the same) on your credit report. Usually a CC company will charge off an account 6 months after the last payment was made, but not always. The JDB cannot claim the SOL began when the account was charged off.

The reason they didn't send you a copy of the statements showing default was because they are hoping they've scared you, that you'll do nothing else, and they can get a settlement or a default judgment.

Did you use the SOL in your affirmative defenses when you answered the complaint?

In your Request for Production of Documents, did you ask for proof of ownership of the account? If not, you can submit a 2nd set of Request for Production of Documents. They must prove they own the account and have the right to collect the debt. Most JDB's cannot do so. They'll send a copy of a bill of sale for a portfolio which supposedly included your account, but they cannot prove your account was, in fact, included.

You've already got them on the SOL, and most likely Proof of Ownership as well.

Most original creditors can't prove they own the account either IF CHALLENGED. lol

[tiredofdebt10]

Thanks all. @ BV82, I didn't claim the SOL in the original answer and I did not ask for proof of ownership. I was new at the whole lawsuit thing and found a website that showed how to submit an answer but I failed to read at the bottom about the affirmative defenses and completely overlooked it. (I was pushed for time because I had consulted an attorney, but they wanted too much money, so I began to look online and found out how to defend myself.) I was wondering if I could submit a 2nd answer and now that I have received more documentation from them, I feel I probably need to. Do I need to re-answer the original complaint and just add the affirmative defenses at the bottom?

BTW, I pulled my credit report (all three) and the original Citibank card is not on it. The collection from the JDB is on there, but not he original credit card. I was mainly concerned about the SOL because I've read conflicting info on when it begins because some say as soon as you default on the agreement and others say 6 months after or similar. I was also unsure if the SOL could be thrown out if I was served before the SOL ran out. I don't think that is true though. I really thought I could just go to court, claim the SOL and be done. I didn't expect them to even have the credit card statements.

[admin]

Since the JDB is the party providing the documents, they are pretty much worthless, but I think you know that.

You don't have to do anything as far as responding to the new docs they sent you. I'd find out if they submitted a copy through court, though - you might be able to object as I'll bet the documents were not authenticated.

[BV80]

Hi tired,

You should read your court rules about amending your answer. There are examples of affirmatives defenses on these boards. The SOL and chain of ownership/proof of ownership would definitely be 2 of your defenses. Since they didn't send you anything yet to prove they own the account, you could say (affirmative defense), "Plaintiff has failed to state a cause of action upon which relief can be granted." Something like that.

In your 2nd set of Production of Documents:

1. Request documents proving they own the account.

Also, does the JDB have an office in your state? If they do, check to see if debt collectors must be licensed in your state. If both of those are the case:

2. Request proof that they are licensed to do business in your state.

3. Request proof of the date of last payment.

In my own case, I had an idea of when we (hubby and I) defaulted on a CC. I got copies of 4 months of my bank statements around that time just to make verify the date of the last payment before they ever sent me any proof.

One last question: Did they send an affidavit signed by someone in their office saying they have knowledge of your account and that you owe the debt?

[tiredofdebt10]

I just checked the courts website, and as of today, they did not file those statements that they just sent me through the court. I think they considered that proof of discovery but I am still waiting on a new court date to be sent.

@ BV80, I am sure my SOL is up but I don't have any proof other than the letter they sent stating that the last payment made was in February 2007. It shows of my credit under the JDB as that last payment being made in March 2007 (which is still over 3 years). I am going to check to see if they must be licensed in my state. They do not have an office here (I think) but did hire an attorney that is 90 miles away. I did search for other cases in my county and noticed that they used that attorney a lot. When I filed an answer, and they realized I was going to fight it, they changed the attorney's name (not the office though).

They did send an affidavit signed by someone in the JDB's office stating that they did have knowledge of the debt. I have read that they do this often but it can be thrown out of court as mere "hearsay."

Hopefully I can amend my answer so I can add my affirmative defenses and get this mess taken care of. Thanks for all of your help!

[tiredofdebt10]

Help!!! I just noticed that along with the statements, they sent "plaintiff's first set of interrogatories to defendant" where I am suppose to answer in writing and under oath. Not sure what the under oath part means. Can I just answer in writing like I did my original answer? I need to file tomorrow as I am suppose to have this done within thirty days. Please help asap!!

[BV80]

Could be the "under oath" means an affidavit. You can write a statement that your answers are truthful to the best of your knowledge and have it notarized. Just like your answer to the complaint, your answer to the Interrogatories and the affidavit must have the court header.

Check under the samples here on these boards for answers to those interrogatories.

Yes, their affidavit is hearsay. The affiant has NO knowledge of the OC's method of keeping records and no way of knowing if those statements are accurate.

Also, you need to send your own Interrogatories and Requests for Production of Documents to them.

If you want to be sure about your last payment, check your past bank statements from 2007. Get copies from your bank, if necessary.

Edited October 6, 2010 by BV80