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I'm being Sued...but by whom???


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Hi All,

I received a summons by mail for a small claim and notice trial for MA. For privacy and liability reasons I will not give out specific names. I am not looking for a way out of my debt but instead am looking for a way out of court and this potential judgement.

The plaintiff reads:

'Card Services, N.A.

C/O Law Firm XYZ'

There is also an attorney for the Law Firm XYZ.

Allegation: "Defendant owes the plaintiff the sum of $ for the unpaid balance due for money loaned to the defendant by the plaintiff on a credit card account together with interest thereon from DATE, date of demand and the costs of this action".

The first issue I am having is, who is the plaintiff? The card services or the law firm? After reading articles on creditinfocenter I found that it is possible the OC (Card Services) is not the plaintiff because past correspondence from Law Firm say 'This is a communication from a debt collector.' Secondly that article says that if the debt is more than a year old, then the debt may be charged off. I contacted Card Services and verified that they do not own the debt AND the debt was charged off.

Does this mean that I cannot be sued by Law Firm XYZ since they were not present when the debt was being formed and hence cant give first-hand testify to the veracity of the debt, payments made or processed (per creditinfocenter). If this is the case how could I make a motion to dismiss the original complaint in my answer to this summons.

Another issue I am having is the summons I received in the mail (Which was regular postal) did not contain any documents pertaining to this debt.

Although I have access to the websites and such, there is a lot of information and I am not sure exactly what steps I should make in answering the summons and possibly reversing the summons in my favor due to fraud.

Thanks in advance.

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Check your credit report to see what the OC is reporting. Just because a debt has been charged off does not mean it's been sold. If the OC's entry does not state "sold/transferred", something like that, they still own it.

Is the FIA Card Services, or just "Card Services, N.A."?

The attorney's letter contained the phrase about "debt collector" because they're obviously a debt collection law firm who performs collection activities for clients and represent clients in law suits. As a result, they must include such a phrase in their communications with debtors.

It's not unusual for Complaints in these cases to be without documentation. You must answer the Complaint. Read your court's Rules of Civil Procedure and follow them to the letter. Those rules will provide information about answering the Complaint, as well as information regarding discovery in order for you to request documentation.

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