pearson

Magistrate court worries

Recommended Posts

I have read up on the forum, plus other advised reading, and it appears my next step now that I have answered the claim is to try and knock out the evidence. With affadavits, I have read that I am supposed to try to have them deemed inadmissable and that I should try to summon the affiants as witnesses. I have done quite a few searches to try and find the paperwork for this and also to find all the rules for the magistrate court, but I am not having much luck. I get the same measly results for the same forms that are not needed, over and over.

 

However, I have run across some prior court cases (not neccessarily w JDB), that give me pause on the whole ordeal, as it appears that the chances of my actually getting anything other than a judgement against me are slim to nil. I am worried that the informality of the magistrate court will actually be a hindrance in my case,especially if I get too "formal". For example, When I turned in my answer (general denial on their weird form), the clerk said she was going to send it to the plaintiff (not for me to do).

 

What everyone else has descibed in these forums as the normal procedures... well, that seems to NOT be the case in this magistrate court.

 

Any advice on how to proceed in a very informal magistate court in backwoods GA, where actually following procedure/law may be more a hindrance than helpful?

 

 

 

 

 

 

1. Who is the named plaintiff in suit?

Midland Funding LLC Successor in interest to Chase Bank USA, N.A./Heritage Bank One c/o Greene & Cooper LLP

2. Name of the law firm

Greene & Cooper LLP, Roswell, GA

3. How much are you being sued for?

About $4000+ including all the interest, late fees, etc.

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

Chase Bank

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

Served by Sherriff's office

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

Delivered to me me personally at home.

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

Yes. (GA: To the defendant personally, or by ...). Required to file/present answer to claim within 30 days after served. Clerk said she was to send plaintiff copy of answer

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

No contact prior to being served (but their paperwork includes some old notice sent via mail by Midland)

9. What state/county do you live in?

GA, Douglas

10. When is the last time you paid on this account?

Their paperwork says last payment date was Mid March 2010 and charged off End of Nov 2010

11. What is the SOL on the debt? To find out:

*[§9-3-25--GA statute of limitations on a credit card is six years after the amount becomes due and payable].

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

Not sure. I assume it is Suit served. Not open on holidays. Clerk said I would receive hearing date notification in mail and would send plaintiff the Answer. Will call after holidays.

13. Have you disputed the debt with the credit bureaus

No. Neither.

14. Did you request debt validation before the suit was filed?

No. This is first I heard of Midland.

15. How long do you have to respond to the suit? (This should be in your paperwork).

Was served Nov 25th… Was due On Christmas Day. Turned in General Denial Answer form and clerk said she was to mail copy to Plaintiff.

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

8 pieces of Evidence (I have documents uploaded if copies needed); 1) Photocopy of Affadavit from Cassndra Holmquist for MCM. States she is Legal specialist for MCM & her biz addy is in St Cloud, MN, & based uppon pesonal knowledge of acct records maintained for plaintiff, defendant is the owner/successor to the defendant's Chase account #******, and MCM's records show that defendent owes balance os $**** w interest due from 11/30/2010 @ 7% making total due $**** as of 09/16/2013. "I certify under penalty of perjury that the following are true & correct.

2) Photocopy of 2 page Account statement from Chase with acct #, dated 11/26/2010, with almost $1000 past due amount and various late fees/interest charges for statement date 10/2/2010-11/01/2010

3) Photocopy of random page that has address change request and illeglible "Information about your Account" I think this is supposed to be the back of the statement? (bottom # on Rt does not match other numbers on other statement pages).

4) Photocopy of Data print out from MCM from Electronic records from Chase Bank pursuant to the Bill of Sale transferred on or about 05/30/2012. Has Field/Field data columns that say name, acct #, Sale amount $, address, phone, last four of SSN, Charge Off Date, Laste payment date, LPmt Amt $87, CO Bal $****. Says that this is what it is at the bottom of page.

5) Photocopied MCM PreLegal Notification (2 pages?), dated 1-12-2013, with MCM acct #, $**** amount owed (difft frm other docs, but around same area) and date due? 01/12/2013 (blacked out in copy, but I assume it is date due). Postal mark of 12/13/2012. Says they have made several attempts to notify regarding account and to send in $500 in order to stop it from being sent to a local attorney. Has payment coupon at bottom. Another photocopy page of MCM "Statement" (I think these go together). Statement date says 12/13/2012 w due date of 1/12/2013 for $**** balance.

6) Photocopy of Blank page with a bar code on upper left side. Have no idea what this is from. I assume the above.

7) Photocopy of Affadavit of Sale of Account by Original Credito, dated 07/02/2012, by JP Morgan Chase officer Martin Lavergne. States that due to his biz position he is aware fo the sale/assignment of electronically stored biz records and that Chase sold a pool of charged-off accounts on or about 5/22/2012 to Midland Funding & that these records were kept in ordinary course of biz under Chase, and he's not aware of any errors in the account. Above statements are true to the best of his knowledge.

8) Photocopy of 2 page Bill of sale with Chase logo on top right, & closing date 05/30/2012. Chase (seller) for value received & pursuant to terms/conditions of Credit Card Account Purchase Agreement dated 12/28/2011 w Midland assigns effective File Creation Date of 5/22/2012 all rights. title and interest in/to those certain recvbles, judgments or evidences of debt described in Final Data File, entotled (Account's Primary File Name) attached hereto & made part for all purposes. Has redacted sections. Amounts due Sellar by purchaser... and more redacted info. No other representation of or warranty of title or enforceability is expressed or implied. Some more legal mumbojumbo and signatures from Chase and Midland. Stamped "Approved by Legal" and has another redacted area on bottom Left. p. 2 has aggrement date of 12/28/2011, Seller and Purchaser name, file creation date of 05/22/2012, closing date of 05/30/2012. Redacted info for File 3, Number of accounts, Total unpaid balance:Purchase price %, and purchase price.

 

 

Link to post
Share on other sites

I would not start my interactions with the judge by trying to explain his job and duty to him.

For those of us who have not been to law school, it is hard enough to get our procedures right. Telling the judge his job will just encourage him to be strict with procedural issues.

Even though judges are encourage to give ProSe leignency with filings and procedures, calling him/her out at the start can make that margin very slim.

  • Like 3
Link to post
Share on other sites

@BTO429

 

Those redacted sections you are talking about was probably the warranty, If this is so they just committed fraud by attempting to cover up the fact the seller provided no warranty.

 

 

 

The OP included this:

 

No other representation of or warranty of title or enforceability is expressed or implied.

Link to post
Share on other sites

Unfortunately, some of the other case horror stories i read had a lot to do with it being very much a good ol boy network here, and judges and lawyers are pretty buddy buddy--small town. Defendant was considered a "smart aleck" for bringing up questions with regards to procedure possibly not being followed. Nothing went defendants' way. Of course, they can now appeal, but after getting dumped on so hard in the court, I know i would be very wary to go further after all that.

 

I suppose it is a fine line in trying to get the court to follow the rules and yet not be percieved as a smart aleck or peeve off the judge in the process.

 

The redacted sections on the bill of sale's Closing statement (sale of accts from chase to Midland) are the file number, number of accts, Total unpaid balance:Purchase price: Percentage, Purchase price, & Wiring instructions, as well as what was probably a form number on bottom left. The warranty info was not redacted... as stated above.

 

I am not sure what I should be doing now, since it all is so informal. I will probably go up there tomorrow and ask the clerk how I am supposed to go about gettng the affiants to show up. I mentioned off handedly to the clerk last time that I had no idea who Midland was, as I had never heard from them before being served. her reply was that the summons had that information and should show me what account this concerned--meaning all the photocopies they sent. The way the clerk made it seem before, it was as if everything is done now, and all I need do is wait for the court date. If that is the case, it seems like i am just walking in there so the judge can issue a judgment against me in person.

Link to post
Share on other sites

The clerk is not a good source for information. By law they are not allowed to give you legal advice. By practice they only know what they see, and most default or admit to CC debts. I would not rely on the clerks knowledge to win your case.

  • Like 2
Link to post
Share on other sites

You need to study the Rules of trial procedure, if the court does not follow them you have grounds for an appeal. Maybe a reminder to the judge that he has a sworn oath to up hold the constitution of the U.S. and his state? Say it nicely though. I have reminded judges of this on more than one occasion. But that is me.

 

This will NOT work in Magistrate's Court in Georgia.  MC in GA is an animal all its own and your brand of confrontational argumentative justice will simply fast tract the OP to a judgment.  The big problem with your advice is you assume your style and methods apply to every court.  I can tell you for a fact it will NOT work in Magistrate's Court in GA.  

 

Magistrate is an elected position and many of them have NO legal training what so ever.  They aren't even actual judges.  However, they yield GREAT power.  I once saw one have an elderly 73 year old woman arrested for grand theft in a civil suit between two other parties over a dog.  She had simply dog sat one weekend for one of the parties but the opposing side accused her of theft to a magistrate and had her arrested.  She had to bond out and pay a lawyer to make it go away then sue the idiot who made the false claim.  You try telling them what their job is and not only will you lose your case but you will be up against the good old boy network that will make any case you bring in the future a walking nightmare.

 

Unfortunately, some of the other case horror stories i read had a lot to do with it being very much a good ol boy network here, and judges and lawyers are pretty buddy buddy--small town. Defendant was considered a "smart aleck" for bringing up questions with regards to procedure possibly not being followed. Nothing went defendants' way. Of course, they can now appeal, but after getting dumped on so hard in the court, I know i would be very wary to go further after all that.

 

I suppose it is a fine line in trying to get the court to follow the rules and yet not be percieved as a smart aleck or peeve off the judge in the process.

 

The redacted sections on the bill of sale's Closing statement (sale of accts from chase to Midland) are the file number, number of accts, Total unpaid balance:Purchase price: Percentage, Purchase price, & Wiring instructions, as well as what was probably a form number on bottom left. The warranty info was not redacted... as stated above.

 

I am not sure what I should be doing now, since it all is so informal. I will probably go up there tomorrow and ask the clerk how I am supposed to go about gettng the affiants to show up. I mentioned off handedly to the clerk last time that I had no idea who Midland was, as I had never heard from them before being served. her reply was that the summons had that information and should show me what account this concerned--meaning all the photocopies they sent. The way the clerk made it seem before, it was as if everything is done now, and all I need do is wait for the court date. If that is the case, it seems like i am just walking in there so the judge can issue a judgment against me in person.

 

Here is the major problem you are going to have in ANY court in GA:  Exactly two years ago GA relaxed its rules of evidence on affidavits and now it is a cake walk for JDBs to get them admitted.  There was a brief hiatus on CC lawsuits for 9-12 months until this new evidentiary rule came into play and then the law firms resumed filing with a fervor that hadn't been seen in a while.  The clerk will not and can not give you advice.  The easiest thing to do is look at the docket and find out when the Magistrate will be hearing cases like yours prior to your trial date.  Then go sit in court for a half day or whole day and watch what happens.  Most of it will be default judgments.  However, for the handful of defendants that do show you can learn very quickly how that magistrate views evidence and what arguments won't work at all and what might.  Then you can adjust your plan to that knowledge.  

 

You need to read the affidavits and see what they do say and what they do not say,,,,,,while she can attest to the business practices of MCM, she cannot attest to the accuracy of the business records of any owner of the debt before MCM. She cannot attest to their accounting practices, the origin of any of the evidence that the seller of the debt provided them, She can only attest to what MCM does. Her affidavit is moot and irrelevant. Her records may show what they allege you may owe, but what evidence did she rely on to come to that decision? Is it out dated, unverified, undocumented,

 

There next move will be a motion for summary judgment. We can help you beat that.

 

The problem with this plan is GA relaxed its rules of civil procedure on affidavits two years ago.  It is a cake walk for them to be admitted as evidence now.  

 

There will be no MSJ.  Magistrate Court does not work that way.  There has to be a hearing.  Either the defendant no-shows and there is a default judgment or they show and defend and the court renders a verdict.  Again, MC runs VERY differently than regular court.  If the OP wants their case to follow ALL court procedures they need to file to remove it to Superior Court in GA but that also means hiring a lawyer.

Link to post
Share on other sites

...

If the OP wants their case to follow ALL court procedures they need to file to remove it to Superior Court in GA but that also means hiring a lawyer.

"to file to remove it to Superior Court in GA but that also means hiring a lawyer", why would that be the case?

Link to post
Share on other sites

Even though judges are encourage to give ProSe leignency with filings and procedures, calling him/her out at the start can make that margin very slim.

 

I don't disagree but I'd be very careful with this. In every state I'm aware of, Pro Se's are supposed to be treated like lawyers and expected to know the rules and procedures.

Link to post
Share on other sites

I don't disagree but I'd be very careful with this. In every state I'm aware of, Pro Se's are supposed to be treated like lawyers and expected to know the rules and procedures.

I think a lot of this depends on the judge also. If you get one of those judges that do not like pro se litigants you may not have much luck with him/her. Judges do have discretion, if they want to explain things to a pro se they can, Some just refuse to help a pro se.

  • Like 1
Link to post
Share on other sites

Clydesmom, thank you so much for the advice. I will def go hang out and see what I can see. GA is so pro-corporation over the little guy. Everything you said goes right along with all my fears. As your crazy dog story is just the tip of the iceberg.  Arghhhh.

 

Maybe a good additional approach would be for me to also find out exactly what they can do to me if they get their judgement... or if there is a way to get out of the judgement due to economical hardship without having to claim bankruptcy? I am a disabled vet, and I live on my measly VA disability, which is 3/4 federal minimum wage. I have read that GA does not alllow for garnishment of VA disability, or Federal Student Loan monies (I am currently getting my degree). Without a job, there is no paycheck to garnish. I do not own any property outright, although when my car died last year, I got suckered into leasing a vehicle (dumb!). I usually have less than $50 a month in savings after neccessities, medications, car payment, & insurance.

 

I guess bankruptcy could also be an option, but it seems stupid to file for less than $15k in total debt (not including car/student loans), not to mention, I just don't have the money needed to file and it doesn't get rid of student loan debt.I had just started getting my credit back on track, and now this happens. Murphy's Law.

Link to post
Share on other sites

"to file to remove it to Superior Court in GA but that also means hiring a lawyer", why would that be the case?

 

Because at the Superior Court level in GA if you don't have a lawyer you WILL be screwed.  Magistrate court is informal and the magistrate has little to no legal training typically though there are exceptions.  At the Superior Court level they adhere to ALL the rules and do not give leeway to pro-se litigants.  GA courts are a WHOLE different bargain and at that level you don't go without a lawyer if you know what is good for you.  

 

Maybe a good additional approach would be for me to also find out exactly what they can do to me if they get their judgement... or if there is a way to get out of the judgement due to economical hardship without having to claim bankruptcy? I am a disabled vet, and I live on my measly VA disability, which is 3/4 federal minimum wage. I have read that GA does not alllow for garnishment of VA disability, or Federal Student Loan monies (I am currently getting my degree). Without a job, there is no paycheck to garnish. I do not own any property outright, although when my car died last year, I got suckered into leasing a vehicle (dumb!). I usually have less than $50 a month in savings after neccessities, medications, car payment, & insurance.

 

VA disability is exempt from garnishment for civil debt.  The Federal Student loan money is just money once it hits your bank account and is likely not exempt.  You do NOT want to leave it hanging around in a bank account for long lest the creditor garnish the account for non-exempt funds.

 

GA does not have an exemption from garnishment for financial hardship.  As it stands right now it appears you are collection proof should they win a judgment.  However, the problem lies in that the judgment will collect post judgment interest for the two-three years you take to finish school and then when you get a job they can garnish your wages.  By then the debt could have ballooned considerably.  I would concentrate on trying to defeat them for right now and if you don't win then worry about the judgment and how to get rid of it.

Link to post
Share on other sites

Any money left over from fed student loans goes to pay for my books, with a few bucks left to pay for printer ink, notebooks and pens. But I will def take it out as soon as it hits this month.

 

Hard to win when the deck is stacked against you. The amount is already more than double, so I am already seeing the outrageous ballooning.

 

Somehow the once charged off account from 2010 is now showing as closed by consumer in Nov 2009 thru May 2010, but then it reopened itself and started posting in Jun 2010 as 30 days OD, then 60 on up to 180 days OD until Jun2012 when it was closed again. Purchased by Midland in May 2012, who posted it as collections starting in July 2012, with no data for Nov 2012. Weird tho, as I had just fixed a bunch of errors on my CRs last year and the Chase account had shown as Closed by consumer and then charged off. The charge off has just up and disappeared, and all this new stuff is on there from them.

 

This is all very frustrating. Would have been nice to have gotten even one letter from Midland prior to them suing, granted, it is not like I have anything to offer. Wish I had the money for a lawyer. 

 

Clydesmom, I see you are in Mich, did you used to be in GA? You seem to have its number... lol

Link to post
Share on other sites

Clydesmom, thank you so much for the advice. I will def go hang out and see what I can see. GA is so pro-corporation over the little guy. Everything you said goes right along with all my fears. As your crazy dog story is just the tip of the iceberg.  Arghhhh.

 

Maybe a good additional approach would be for me to also find out exactly what they can do to me if they get their judgement... or if there is a way to get out of the judgement due to economical hardship without having to claim bankruptcy? I am a disabled vet, and I live on my measly VA disability, which is 3/4 federal minimum wage. I have read that GA does not alllow for garnishment of VA disability, or Federal Student Loan monies (I am currently getting my degree). Without a job, there is no paycheck to garnish. I do not own any property outright, although when my car died last year, I got suckered into leasing a vehicle (dumb!). I usually have less than $50 a month in savings after neccessities, medications, car payment, & insurance.

 

I guess bankruptcy could also be an option, but it seems stupid to file for less than $15k in total debt (not including car/student loans), not to mention, I just don't have the money needed to file and it doesn't get rid of student loan debt.I had just started getting my credit back on track, and now this happens. Murphy's Law.

If you are a disabled vet, like myself, you have a lot more power than you realize......tell they attorneys you are a disabled vet they will then know they have nothing to attach if they win.....they cannot garnish those va disability payments, and if they try you have a a great case in federal court over this.

It is federal law that if a bank receives a bank levy the bank must investigate, and if those funds can be traced to va disability the federal law says the bank MUST protect those funds. USC Title 42 §659.(h)(1)(B)(iii) for disabled veterans in receipt of disability compensation. And USC Title 38 §5301

  • Like 1
Link to post
Share on other sites

If you are a disabled vet, like myself, you have a lot more power than you realize......tell they attorneys you are a disabled vet they will then know they have nothing to attach if they win.....they cannot garnish those va disability payments, and if they try you have a a great case in federal court over this.

It is federal law that if a bank receives a bank levy the bank must investigate, and if those funds can be traced to va disability the federal law says the bank MUST protect those funds. USC Title 42 §659.(h)(1)( B)(iii) for disabled veterans in receipt of disability compensation. And USC Title 38 §5301

 

The attorney will not care.  They will pursue the judgement and wait until you do have attachable assets or income.

 

As far as the fund protection, what happens in real life vs what the books say is; the bank gives them the money and you need to file Challenge to Garnishment or a Exemption to Garnishment in your court to get the money back.

 

It is always a good idea to inform the other side that you are currently "judgement" proof, to encourage them to pursue other targets. But do not rely on that alone to stop a lawsuit or a garnishment from an account with exempt funds.

Link to post
Share on other sites

The attorney will not care.  They will pursue the judgement and wait until you do have attachable assets or income.

 

As far as the fund protection, what happens in real life vs what the books say is; the bank gives them the money and you need to file Challenge to Garnishment or a Exemption to Garnishment in your court to get the money back.

 

It is always a good idea to inform the other side that you are currently "judgement" proof, to encourage them to pursue other targets. But do not rely on that alone to stop a lawsuit or a garnishment from an account with exempt funds.

That is why I told The OP to inform the plaintiff attorney that you receive VA disability. You also inform the court the judge should examine a garnishment motion before he rules in favor.

Link to post
Share on other sites

Clydesmom, I see you are in Mich, did you used to be in GA? You seem to have its number... lol

 

I did used to be in GA for almost 20 years and yes, I do have its number.  LOL  While I have never been sued in GA courts I am familiar with how they do things.  

GA has one of the highest small claims courts limits in the country at $15,000.  I also know it is VERY easy to get a magistrate to issue a warrant with most MC having a day where you simply walk in, fill out the paperwork by filling in the blanks, raise your hand and swear its true, and the magistrate issues a warrant.  Especially for debts.  

 

Before the new law that Obama passed regarding tenants at sufferance in foreclosure situations I had rented a house and the owner didn't bother to tell me or their real estate agent that it had been sold on the court house steps 3 days prior to signing the lease!  A week after moving in the bank is trying to evict us believing we were the home owner.  I had to hire a lawyer to keep from being evicted while we found another place to live.  I went to Gwinnett County Magistrate Court and swore out a warrant for fraud against the former home owner for leasing the home and taking our money knowing she was not the legal owner.  She got arrested at her employers and hauled out in handcuffs.  Once I got a verdict for our rent, security deposit, attorney fees, court fees, and interest I got a lien against a check that had been mailed to her when they sold her abandoned storage unit, garnished her bank account and wages.   She learned NOT to mess with me at least.  

 

The dog case involved my Dad.  He and his wife adopted a dog from person C who got it from person B who got the dog from person A who received it as a gift from his girlfriend.  (all of this over 3 years)  Person A kept the dog in a crate until it was (and still is despite therapy) neurotic from being caged 24/7.  Two and half years AFTER he gave away the dog to person B ex-girlfriend wants dog back so she can breed him.  (person B had him neutered)  He doesn't want to admit he gave the dog away so he runs around to EVERY county trying to file theft charges over the dog.  Most magistrates turned him down telling him he had to sue.  He finally found a magistrate in a county the dog had NEVER been in, he didn't live in, and NONE of the people involved lived in and got an arrest warrant for a woman who dog sat the mutt once or twice.  She was arrested and after hiring a lawyer sued him for the fraud, slander, defamation of character and that cost him a ton of money.  The attorney had the magistrate sanctioned for issuing the baseless warrant.

 

Bozo sued my Dad (who had lived in FL the entire time) judge in FL threw it out stating he had given the dog away.  So he sues my father in GA courts using some bottom feeder who is basically seeking $$$$$$ in a settlement.  He even called my father at one point and said he was "kicking in their door with the cops" to get the dog.  The cops actually called my father and told them the guy was lying and had already been told they would not do this.  The GA courts finally told this guy to go pack sand and pay my father's attorney fees for filing a frivolous case knowing he had given the dog away and that the FL court had jurisdiction and had ruled on the matter.  

 

Trust me:  I know how bad the magistrates can be in GA.

Link to post
Share on other sites

As far as the fund protection, what happens in real life vs what the books say is; the bank gives them the money and you need to file Challenge to Garnishment or a Exemption to Garnishment in your court to get the money back.

 

Not anymore.  Before funds can be frozen the bank is required by law to verify they are not from an exempt source.  All the OP needs to do is have the bank flag the account as having funds from an exempt source and they cannot freeze the funds.  The limitation of this law is only two months of the funds are exempt.  Anything that is "savings" is not exempt and can be seized.  So if a consumer gets a deposit of $1500 per month in disability that is exempt but has $4500 in the account then $1500 of that money would be able to be seized in a bank garnishment.

 

It is always a good idea to inform the other side that you are currently "judgement" proof, to encourage them to pursue other targets. But do not rely on that alone to stop a lawsuit or a garnishment from an account with exempt funds.

 

The OP is not "judgment proof"  at all.  The court can ALWAYS issue a judgment.  They may be COLLECTION proof at this time.  However, many states have SOLs as long as 20 years with renewal for another 20 making a judgment VERY attractive even if the debtor has funds exempt from garnishment.  A LOT can change in two to four decades.

Link to post
Share on other sites

The above is correct, we misstate this a lot,,,,,no one is judgement proof, they may be collection proof but that can also be limited. They can attach property up to the amount of the debt also. If they search hard enough they will find something.

Link to post
Share on other sites

If I could come up with $500-700, would it be worth it to offer them this amount? $700 is the most i can get my hands on (borrow from relative).

 

If I were to offer this amount and they accept, I would want to try and get a pay for delete from my CB report. I looked at the forms available here, but since a law firm is handling the issue for Midland, I am unsure how to apply the legal Creditor/Collection Agency/etc terms & also what term the lawyers would be under. See below.


---->  Midland Funding, LLC/Midland Credit Management, Inc/Encore Capital Group, referred to as COLLECTION AGENCY and My name here, referred to as CONSUMER, agree to resolve the matter of the alleged debt, originally held by the Chase Bank USA, N.A,/Heritage Bank One Company hereafter referred to as the CLIENT. COLLECTION AGENCY, hereby agrees to settle this alleged debt claimed by COLLECTION AGENCY on the following terms and conditions: <---------


Not sure how to add in the lawyers... Also not sure why Heritage Bank is named in the suit??? I have never dealt with them.

 

Also not sure what to do about the Chase account reopening itself on my credit report. Unfortunately, my pc died this past year, so I no longer have a copy of the older CB Report, which showed it was charged off.

 

***** Is Chase allowed to just reopen and change it like that and add all the paid late dates all the way up until 2012, when it was charged off 11/30/2010? The paperwork sent with the summons even says the charge-off date was 11/30/2010.

 

"the once charged off account from 2010 is now showing as closed by consumer in Nov 2009 thru May 2010, but then it reopened itself and started posting in Jun 2010 as 30 days OD, then 60 on up to 180 days OD until Jun2012 when it was closed again. Purchased by Midland in May 2012, who posted it as collections starting in July 2012"

Link to post
Share on other sites
Guest
This topic is now closed to further replies.