Received Summons For Debt That I dsiputed In Writing And Never Received A Response

[tara330]

I received a letter from an attorney who represents a debt collector that is an assignee of the original creditor HSBC/Orchard Bank on 4/22. It was the standard we represent the creditor listed above, as of the date of this letter you owe this amount, you have 30 days from the date of this letter to dispute the validity of this debt, this is an attempt to collect a debt blah blah blah....

I responded via a letter to them certified mail that they signed for on 5/12. My letter said I don't have record of this debt and I asked them to provide validation of the account including copy of originl contract, copies of statements and/or an explanation of the amount that is owed within 30 days.

They sent a letter to me on May 14 that said in response to your request for debt validation here is the name of the original creditor, their address, the original account number and the current amount owed. I'm scratching my head thinking this proves NOTHING to me. I have absolutely no record of an account with the account number they've put. I'm trying to figure out if I owe this debt from them or not and they aren't giving me anything that proves anything to me.

I send a response to their sorry excuse for validation via certified mail that they received on June 5. In a nutshell it said that they did not provide me with proper validation, I disputed the debt and that they should inform the creditor that the debt is being disputed and that they should cease and desist communication with me unless they were sending proper validation of the account to me via postal mail or if they were taking legal action (i.e. a summons)

Received no response from anyone. Then today, September 13 I received a summons attached to my door.

This is total BS!!!! All I did was tell them I had no record of this that I was disputing it and asked them to send me proper validation and I get slapped with a summons?!

My question is what is my next step. This seems totally shady and unfair. I'm not just going to pay some JDB that isn't the original creditor over $800 just because they say I owe it to them without proof.

The complaint is attached to the summons and it says that the account went into default in 2006 and the original creditor charged off the debt in 2009 and it was "assigned" to the current creditor which is listed as Calvary Portfolio services but I'm being sued by Wright & Lerch Attorneys at Law who claim to be an assignee of Calvary. As a consumer I'm flippin confused as hell and feel like I'm being screwed over. What do I do? HELP!!!!!

[Guest usctrojanalum]

They sent a letter to me on May 14 that said in response to your request for debt validation here is the name of the original creditor, their address, the original account number and the current amount owed. I'm scratching my head thinking this proves NOTHING to me.

They satisfied the DV. Don't get hung up on this too much, the threshold for satisfying DV is not that high at all.

I disputed the debt and that they should inform the creditor that the debt is being disputed and that they should cease and desist communication with me unless they were sending proper validation of the account to me via postal mail or if they were taking legal action (i.e. a summons)

Received no response from anyone. Then today, September 13 I received a summons attached to my door.

This is total BS!!!! All I did was tell them I had no record of this that I was disputing it and asked them to send me proper validation and I get slapped with a summons?!

So to clarify, you basically told them "do not talk to me anymore unless you sue me" - and now you are outraged that they sued you?

My question is what is my next step. This seems totally shady and unfair. I'm not just going to pay some JDB that isn't the original creditor over $800 just because they say I owe it to them without proof.

Prepare an answer. If this particular court you are being sued in allows discovery, get that process started. Request account statements, credit card application, copies of payments, etc.

[BrokeBob]

Before you answer, make sure you read up on the arbitration sub-forum on this board, and the arbitration forum on www.debtorboards.com . Both will give you information as to whether you want to pursue this tactic.

[Freddy01]

Wow this is the first time I heard someone being sued for under 1k.

Good luck.

[Massive]

(1) Relax

(2) Deny each paragraph, unless they state you are a resident or something of that nature feel free to admit that.

(3) Affirmative Defenses:

Plaintiff failed to name the real party in interest.

Plaintiff failed to state a claim upon which relief can be granted.

Plaintiff's complaint is time-barred pursuant to Title 34-11-2-7.

Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with Plaintiff.

Plaintiff's Complaint further fails to allege that the Assignor even has knowledge of this action or that the Assignor conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.

Plaintiff has not proven that they are authorized and licensed to collect claims for others in the State of Indiana, solicit the right to collect or receive payment of a claim of another.

Complaint fails to alleged or prove that the Plaintiff is licensed and has procured a bond in the State of Indiana as required per Article 11 of Title 25 of the Indiana Code.

Complaint fails to attach any proof of a written instrument contrary to Indiana Trial Rule 9.2(A)

Defendant reserves the right to add additional affirmative defenses identified during the discovery process.

WHEREFORE, Defendant moves this honorable court to dismiss this case with prejudice and for all other relief this court deems just and equitable.

Respectfully submitted,

Defendant

Edited September 13, 2010 by Massive

[tara330]

I guess I'm just a little miffed because I responded promptly to them and all I wanted is proof that this debt is mine. I mean I'm being sued by a lawyer who claims to be an assignee for Calvary Portfolio Services who claims to be an assignee for Capital One/Orchard bank. Will the real creditor please stand up?

This debt may or may not be mine. The account number they provided I have no record of. I didn't think I was being unreasonable asking them to provide statements, a copy of the contract or an accounting of how they determined the amount I owe. I told them in writing that I was disputing this so I was under the impression from some info that I read that they would have to conduct some kind of an investigation and send me the results. Since I didn't hear anything at all for several months I thought that they were unable to validate this account. Apparently disputing something and saying don't contact me unless you can provide the proof that I asked you to provide or to sue me automatically results in the later option. UGH!

So I should file an answer and ask for discovery? They filed the case in Small Claims Court and I'm in Indiana. Since the amount is under $1,000 and I'm not being sued by the original creditor does arbitration even apply to me?

Filing a lawsuit is considered collection activity correct? I thought that when you disputed a debt that all collection activity was to be halted until an investigation was performed? Are they violation the FDCP by suing me since I informed them that I was disputing the debt?

[Guest usctrojanalum]

Apparently disputing something and saying don't contact me unless you can provide the proof that I asked you to provide or to sue me automatically results in the later option. UGH!

And this is not necessarily a bad thing, you can provide your evidence now in front of a judge or arbiter and they can make a decision based on the merits.

They filed the case in Small Claims Court and I'm in Indiana. Since the amount is under $1,000 and I'm not being sued by the original creditor does arbitration even apply to me?

HSBC may have a small claims exception to arbitration in their agreement, I do not know I have not read one in a while. Most agreements have a small claims exception.

Filing a lawsuit is considered collection activity correct? I thought that when you disputed a debt that all collection activity was to be halted until an investigation was performed? Are they violation the FDCP by suing me since I informed them that I was disputing the debt?

Not an investigation, just a response to your intial DV letter.