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AHK73

Unifund wants to sue me

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So I pulled up a free credit report today and found that a company named Unifund has done a hard pull on my credit history, and I have a negative item from a company called Asset Aquisitions. I found the contact number for Unifund, told them what I just wrote, and they referred me to Lang, Richert & Patch the lawfirm representing them. I called the firm, told them the same, and spoke with a woman named Lydia.

 

She let me know that her firm represents Unifund, that they want to collect on a citibank  mastercard credit card I had in 2007, the last payment of which was made in january 2010. She stated they have sent me a letter giving me the opportunity to dispute the validity (which I never received) and have attempted to serve me (I have yet to be served). She told me the total amount on the card was 4000, that unifund wants 6000, and they would consider setlling for 4900. She also said I could make a payment plan with them to settle the debt, but I woudl incur court fees and other expenses. I told Lydia I needed some time to figure all of this out, and she said I have about 2 weeks to get back to her if I would like to settle.

 

About me, I'm in my last year of college, and live off of grant money and student loans. I work as an unpaid intern in a lab, and go to school full time. Needless to say, I do not have 5000 to pay for a settlement. The card was opened by my father in my name, but was used by my father. While I understand this wasnt a smart decision, as my parents were going through tough times and needed the extra assistance. I was happy to help them and be there for them. My father has since gone through bankruptcy and I assume he thought this card would be wrapped up in that bankruptcy. Obviously this wasnt the case. Both my father and I live and work in california, the card was made and maintained in the same state, and the lawfirm is also in california.

 

I have several questions, the first being, is too late to dispute the validity of the debt?

Also, as the SOL for the debt has yet to be reached, do I have any chance of negotiating them to a lower settlement?

What steps if any can I take to defend myself if/when I am served and this case goes to court.

Finally what should I be doing?

 

Any help or advice is greatly appreciated!

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Sorry, saw the questionare after I posted, here are the relevant answers:

 

1. Who is the named plaintiff in the suit?

Unifund

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Lang, Richert & Patch

3. How much are you being sued for?

6000

4. Who is the original creditor? (if not the Plaintiff)

Citibank

5. How do you know you are being sued? (You were served, right?)

I have yet to be served, I discovered I was being sued by calling the lawfirm after checking my credit report.

6. How were you served? (Mail, In person, Notice on door)

I have yet to be served

7. Was the service legal as required by your state?

N/A

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

They state they have sent me a letter giving me an opporunity to dispute the debt in september (I have received no such letter)

I spoke with unifund once on the phone, they directed me their lawfirm.

I spoke once with a woman named Lydia on the firm who detailed the case out for me.

9. What state and county do you live in?

I live in San Diego California, my father lives in Monterey California. The firm has a bogus address for me in Seaside California.

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

The last payment on the account was in Jan of 2010.


11. What is the SOL on the debt? To find out:
According to the link my SOL would be in Jan of 2014

12. What is the status of your case? Suit served? Motions filed?

I believe the suit has been filed. I did a search in the monterey county court system under my name and found that a hearing has been scheduled for 2/10/2014

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

I have yet to dispute with either the original creditor, or the collection agency.

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

As I was unaware of the debt, no I did not request debt validation.

15. How long do you have to respond to the suit?

I have yet to  be served, so I'm not sure how to respond to this question...

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

The same as above

 

After reading the links posted with this questionare I realiazed I need to receive that summons asap. so I can respond.

One question that arises, is that my court date appears to be after the SOL on the card. Does this impact anything in any way?
 

Thank you again for any help or advice offered, and sorry for the double post.

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Unifun hasn't officially sued you yet so II would sent them the Debt Validation with two simple statements just to stop them from bothering you:

 

I dispute this debt. 

I owe Unifund "Not One Penny". Request Validation and Investigation. 

 

/s/

Your name

 

I would then wait for them to serve you with the summons/complaint and then fight them. The bank has written this account off and been paid by the Insuring provider or via tax deductions and want no further dealings with you on this account. It has been sold for penny's on the dollar and now the Junk Debt Buyer, Unifund, want to get you to settle for 5 grand??  If you settle, according to the general opinion and consensus of this forum, you could be making a serious mistake.  

 

Do some web search's for "Complaints + Lang, Richert & Patch" or Law suits + Unifund and you will find any number of examples that you can review to pattern your answers to their summons/complaint when you get it. Use this forum for specific questions you might have for the ongoing steps and motivation to bring the fight to Unifund and for dismissal.

 

I suspect the harassing phone calls will start coming in soon. Don't Settle!!!

 

HP

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