Chevygirl15

Unifund law suit. What comes 1st? Answer? MTD? DV request! overwhelmed!

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I am being sued by Unifund. I don't recall the debt. I pulled my credit report and can't find OC (citibank cc) or JDB on any of them.  I contacted their attorney and Unifund and requested any other info they had to help validate this so I could negotiate if in fact it was legit. (Just  courtesy call nothing formal in writing)  They sent appx 6 statements from 2015 and 2016 on act opened in 2012. At first glance I noticed my name.   I have a very common name , (like Barb Jones or Cathy Smith common) and my medical records have been confused with a woman by the same name but different birthday, so I use my middle initial on legal documents.  There is no middle initial included.  Also, there was an auto pay set up for $50 but it never even covered the minimum payment due on the alleged acct. It was short over $30 every month to meet the required minimum monthly payment with dates going back to 2015. The balance on the card however , always went down.  It never had any late fees or penalties as a result of the minimum not being paid, and monthly interest was charged on changing balance. None of the statements showed any other activity. No purchases. No credits (except an auto pay) . I attempted to look wAy back in my bank records for an auto pay and could not find one.  In 2012 I had multiple surgeries and applied for credit to pay medical bills. I did fall behind but settled with monthly payments with an attorney but it was not affiliated with this OC or JDB.  It is only for $1800 which could have been paid the last few years in 2 payments had I known it existed out there. Now there's a suit against me and I don't want spend big money on attorney as it would be cheaper to just pay this alleged debt.  But I don't want to pay that either. It isn't fair for me to have to guess if I truly owe this.  I called the original creditor to try to get details to no avail. Need some major guidance here PLEASE!  

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If you have already been sued, then it is probably too late for a DV letter.  A DV letter is something that slows them down BEFORE they sue.  

 

If it is really that small, you probably can't file for arbitration.  

The OC won't talk to you once you have an attorney.

A few questions:

1.  Do the records they sent show any address?  Is it YOUR address?

2.  Can you get your hands on bank records for the times it showed autopay, to show that the autopay was NOT coming from your account?

3.  How certain are you that this is NOT your debt?  

4.  Do the records show any SS # on them?  If so, is it YOUR SS #?

 

 

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A few questions:

1.  Do the records they sent show any address?  Is it YOUR address?

 This is my old address in another state that I lived at at the time the alleged account was opened. 

2.  Can you get your hands on bank records for the times it showed autopay, to show that the autopay was NOT coming from your account?

 my online banking goes back 18 months. I have put in a request for records from 2012 to 2016. There is no guarantee they will be available and maybe not by the 25th when my answer is due.  

3.  How certain are you that this is NOT yourdebt?   

80% . With that being said, I had used a loan processing person to acquire funds for surgeries in that year . My husband also applied for credit cards to help cover the expense .We are still paying on one. Ironically it is a Citibank ,opened the same month and year as the alleged account I'm being sued for.  20% asks myself ,did I apply for a credit card , put it on auto pay and forget about it?  I'm not sure why we would keep husbands account in good standing and pay for it to this day and disregard a card with a balance that was a lot less than his all these years.  There is nothing on my credit report from  the collection agencies,  the debt buyer   or Citibank to help me verify this debt. 

4.  Do the records show any SS # on them?  If so, is it YOUR SS #?

 AfterI received the summons and complaint, I contacted unifund  and asked them to send me , something,  anything , showing this was infact something I initiated and used. They sent me a unifund letterhead with full account number ,when the account was originated, who the original creditor was, the last 4 digits of my social security number and the total balance including court costs owed and 6 statements. To me the letterhead from unifund just shows information that anybody would have access to , including last 4 digits of ss# . It didn't really prove anything to me. 

 I'd like to add that the statements were pretty generic . it didn't account for any purchases at all or proper accounting according to credit card standards. All six just show around the same balance and a $50 auto pay that didn't cover minimum due. It sounds so far-fetched but  I truly doubt the validity of the statements even. 

Thank you! 

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16 minutes ago, Chevygirl15 said:

.

A few questions:

1.  Do the records they sent show any address?  Is it YOUR address?

 This is my old address in another state that I lived at at the time the alleged account was opened. 

2.  Can you get your hands on bank records for the times it showed autopay, to show that the autopay was NOT coming from your account?

 my online banking goes back 18 months. I have put in a request for records from 2012 to 2016. There is no guarantee they will be available and maybe not by the 25th when my answer is due.  

3.  How certain are you that this is NOT yourdebt?   

80% . With that being said, I had used a loan processing person to acquire funds for surgeries in that year . My husband also applied for credit cards to help cover the expense .We are still paying on one. Ironically it is a Citibank ,opened the same month and year as the alleged account I'm being sued for.  20% asks myself ,did I apply for a credit card , put it on auto pay and forget about it?  I'm not sure why we would keep husbands account in good standing and pay for it to this day and disregard a card with a balance that was a lot less than his all these years.  There is nothing on my credit report from  the collection agencies,  the debt buyer   or Citibank to help me verify this debt. 

4.  Do the records show any SS # on them?  If so, is it YOUR SS #?

 AfterI received the summons and complaint, I contacted unifund  and asked them to send me , something,  anything , showing this was infact something I initiated and used. They sent me a unifund letterhead with full account number ,when the account was originated, who the original creditor was, the last 4 digits of my social security number and the total balance including court costs owed and 6 statements. To me the letterhead from unifund just shows information that anybody would have access to , including last 4 digits of ss# . It didn't really prove anything to me. 

 I'd like to add that the statements were pretty generic . it didn't account for any purchases at all or proper accounting according to credit card standards. All six just show around the same balance and a $50 auto pay that didn't cover minimum due. It sounds so far-fetched but  I truly doubt the validity of the statements even. 

Thank you! 

Well, at this point getting your bank records is you best defense, as in you will probably lose without that.

Being a small claim, you cannot get this to arbitration.  

They have your old address correctly.  They have the correct last 4 digits of your SS #.  

It would be great if you could get the bank records before the answer is due.  I don't know if they have the hearing the same day the answer is due or not.  If not, you at least need your bank records by the time of the hearing.

This looks bad for you.  I think the only way you can win this is if you have your bank records.  That would either get you up to 100% sure or convince you that you are wrong.  If the records show you are wrong, then you need to contact them for a settlement,  If the records show you are right, then file a police report for identity theft and bring that, along with the bank statements, to the hearing.  

 

I know nothing about the small claims procedures in your state.  You need to figure that part out.  

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