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Being sued by Arrow Financial, Need Help


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Hello all, I am new to the forum and am hoping I can get some assistance on a case that is being filed against me.

I am being sued by Arrow Financial for an account I had with a large bank. Now, I am not sure that this debt is really mine, as I (honestly!) have no account of racking up the fees they are alleging against me almost 5 years ago, and I have seen no proof that their accounting is accurate for the amount they want to sue me for.

My method of defense is basically this:

I had an account with the bank.

My account was closed in 2006 by my own doing.

In 2007 I started getting collection calls from guys in India, who wanted money from me, but wouldn't provide me with any information about verifying this debt. I am not going to give my financial info to Indian guys.

My credit report has NEVER shown that I had a debt to this bank, or that my account was charged off and sold to Arrow.

Last year I got a letter from a law office down state that was trying to collect on behalf of Arrow. I certified mailed a letter requesting Debt Verification with the 30 days they allowed me. I got a letter back from them (and still have it) saying they would work to get me the validation I requested.

I never got that verification, never heard anything from this law office again.

A few days ago I was served papers by a DIFFERENT law office down state that is working on behalf of Arrow. I never have received a letter or anything from this law office, just a notice from court that they were suing me on behalf of Arrow. What the fudge?

Recently I got a notice that my old bank was settling a lawsuit that complained they had mischarged people for overdraft fees by messing with their accounts. The bank is settling this in court and people are being paid damages.

I don't think that it is fair for Arrow to sue me for something that is potentially the fault of the bank, and that I have not seen any proof of me having this debt even after I requested verification, which I believe is my right under the FDCPA.

My question for you fine folks is: Do you think I have a case, and how do you suggest I answer and defend myself with these charges?

Thanks for the help! I look forward to hearing your response!

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You must definitely answer the Complaint or there will be a possibility of a default judgment against you. The Plaintiff will need to prove ownership of the debt and the amount. In certain states, they will also need to prove any documentation provided is authentic. Is the debt within the SOL?

Here's a couple of links with samples of Answers that you can use. Tweak them, if necessary, to fit your needs:

http://www.creditinfocenter.com/forums/showthread.php?p=1097491#post1097491

In the following link, the post you need is about the 8th post down.

This link also has examples of affirmative defenses:

http://www.creditinfocenter.com/forums/showthread.php?t=252142

Edited by BV80
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