Make A Donation And Help Keep This Information Available

DON'T BE HAMMERED BY YOUR DEBT

DON'T BE HAMMERED BY YOUR DEBT

Tuesday, August 14, 2007

How To Beat An Old Credit Card Debt: Part Three

Read the contract. Almost all debt collection law suits based upon aged credit card debts are breach of contract suits. What that means is that you are being sued for breaking your written promise to repay the debt. Therefore, the key to the suit is the actual written contract. In this case, that means the long, very fine printed, agreement you signed way back when you were first issued the credit card. You need to get a copy of this and read it, every word of it. Getting it may be difficult. If you are being sued in small claims type of court, you may not have the benefit of formal discovery. Formal discovery is used by lawyers to learn about the other sides case. One tool of formal discovery is the Request for Production of Documents. If the court you are being sued in is governed by Rules of Civil Procedure, then you may file a formal Request for Production of Documents before your trial date and obtain a copy of the contract. If the court is an informal or non-rule court, then you need to request a copy of the contract from the collection attorney. You need to make that request politely, in writing and by certified mail. That way if you aren't provided a copy and you see it for the first time at trial, the judge will be sympathetic with you and grant you either a break to review the document or a continuance. So now you have the contract, what are you looking for? You need to examine the maximum amount of interest you are allowed to be charged under the agreement. Has the debt buyer exceeded that amount? Has the debt buyer exceeded that amount by adding on collection fees and costs? Does the amount now sued for exceed your state's usury statute? Next, does the agreement require the suit to be brought in a particular jurisdiction or state? If so, you may be able to have the suit dismissed in your jurisdiction. Does the agreement require either arbitration or mediation? Again, if so you may be able to have the suit dismissed. In the last two examples, particularly with aged debt, the delay in having to either refile in the proper jurisdiction or in the proper forum may run the creditor past the statute of limitations we discussed in part one. So, the bottom line is get a copy of the contract and read it. Read every word of it.


Learn everything you need to know to beat a credit card debt lawsuit, forms included! Order your copy of How to Beat a Credit Card Debt Lawsuit with the Secrets of a Real Debt Collection Lawyer at http://www.lulu.com/product/ebook/how-to-beat-a-credit-card-debt-lawsuit-with-the-secrets-of-a-real-debt-collection-lawyer/11927258 

71 comments:

Anonymous said...

i got served june 21st to appear in court by a collection lawyer in the state of Tennessee, for a capital one debt along with the summons was a attached copy of a amount saying i owed and interest and signed by a Sara Rubin supposedly a cap one agent what i find odd is thier is no account number and no capital one letter head on this paper just a amount and other fees and the total it was notorized in new york i did notice that.on june 23rd i sent a validation letter to the CA,and got back a response of passing the court date from july the 12th til october 25th due to me asking for validation also a copy of a credit application i guess because it says subject to credit approval on it,and they also stated as they get the information they will send it to me.i have heard no more since.i disputed with the big 3 and it is remains and updated if that is so havn't they whether the ca or oc broke the law by updating before validating it at my request? is that not considered taking action on the debt before validating under federal law? also they said they were not obligated under law to be licensed or because they were attorneys but thier site states and the letters i recieved clearly states they ar debt collectors?and finally is not when i asked for validation the CA instead of passing the court date to a later date should they have not dropped the case til validated is that not taking legal action before validated as my debt?

thanks James

Michael Herrin said...

Unfortunately, you chose to send this as an anonymous email, so I have no way of replying to you other than by posting a comment. If you want to send me an email with a return email address, I will attempt to respond to your query.

Anonymous said...

heyed1@chartertn.net

connie said...

I am being sued for credit card debt of $900.00. It has been more than 4 years since last activity. The Statutes Of Limitations for open accounts in Oklahoma is 3 years. I inspected my recent credit report. It showed the last activity on that debt was 8 months ago. Everything on my credit report is correct except that account. Is it possible the collection agency somehow changed the last activity date to convince the judge to reinstate the Statutes of Limitations? I have no experience in the legal field so please pardon my ignorance.

Anonymous said...

Thank you for your blog, it is very informative. I am a debtor with an old cc debt and have received a summons from a collection attorney in Eugene, Or. I live in Oregon. I "hired" a debt settlement company in 2002 to help me, and thought that all my debtors had been paid. I guess not. I checked my credit report and they place my last payment or first default was in August 2001. Oregon has a 6 year Statute of Limitations. My credit limit was $1500 dollars, Capital one has my debt at $2100 and the attorney was $3600+. Should I try to settle with the attorney or hope my Statute of Limitations is up. Thank you for any help you can give me. I need to file my response sometime this week. anne@everdesk.com

Camille said...

I am being sued by Capital One for$2500 for credit card debt. I live in Miami, FL. They served me with the summons and sent me a Notice of Taking a Deposition and are also dunning me with phone calls. I told them I would settle for $400 and they refused saying that they will accept $400 per month and wrote me a confirmation letter to that effect. I never agreed to that; I made a one time offer of $400 because the original amount is $941.00. They have added their interest and other charges. Now their lawyers are telling me to come to make an affidavit trying to decide my assets. I have no assets except my car which I need for work. They want to see my IRS statements, bank statements, etc. This debt goes back to 1994 0r 1993. What do I do? They sent me the notification on plain letter sized paper signed by one of their lawyers.

Camille said...

I am being sued by Capital One for$2500 for credit card debt. I live in Miami, FL. They served me with the summons and are also dunning me with phone calls. I told them I would settle for $400 and they refused saying that they will accept $400 per month and wrote me a confirmation letter to that effect. I never agreed to that; I made a one time offer of $400 because the original amount is $941.00. They have added their interest and other charges. Now their lawyers are telling me to come to make an affidavit trying to decide my assets. I have no assets except my car which I need for work. The want to see my IRS statements, bank statements, etc. This debt goes back to 1994 0r 1993. What do I do?

Anonymous said...

This is slightly off topic, but still within the realm.

Today we were served with a civil warrant in TN on an old account from TX. The collection agency was listed as an assignee for the original creditor. Our issue here is that the original debt was taken out in Texas and when the account was charged off that was also when we lived in Texas. We now live in Tennessee. We feel they are filing now because Texas is a non-garnishment state and the statute of limitations has expired, it was charged off 4-2001 with last transaction being 1-2001. Under Tennessee law the statute of limitations may not have expired and this state does allow for garnishment.

The original debt was obtained in 1998, but we did roll over the account several times. When we stopped paying it was because of loss of an income, a perm disability of spouse, birth of a child and the nearly doubling of payments. We know that we made many mistakes, but repayment was simply impossible.

We know we must respond ASAP, but we need to know if this is legal, if the court has jurisdiction, if the sol is that of Texas or Tennessee? If we have a leg to stand on we need to know the correct form to file. We cannot afford an attorney at this time and the court date is less than a month away. since we have filed and won a couple of cases (divorce, adoption and termination of parental rights) we feel comfortable with representing ourselves if we know the proper form to file. (Thank God for the internet.) Any help is appreciated.

Mrsrexwonderdog@yahoo.com

Anonymous said...

Thanks for the information here Michael. I have a judgment against me from Citibank (the alleged debt buyer). AT&T Universal was the original creditor.

1) I requested the original application/contract during discovery and it was not forthcoming. This issue was raised at the summary judgment hearing.

2) Basically, I received the "trial by affidavit" since the plaintiff's witness didn't show up at the summary judgment hearing. In affidavit form, I disputed the witness's affidavit which provided the judge with an out due to have disputed facts to deal with. A summary judgment hearing is not the place to decide facts in controvery.

From what I've gleaned here, I have enough now to go back into this case with a motion to vacate the judgment for:
1) lack of proof of a contract
2) lack of a witness to cross examine
3) lack of proof of assignment of the debt

Thanks again

P.S. - Yes, I do realized I posted this anonomously and will look here frequently if you think of something I should be made aware of.

Chester said...

I am very thankful for the info on your site. I have been sued by a law firm for a $2,000 Amex CC bill that I was reluctant to pay on in a timely manner. I filed a motion to defend last week after receiving the supeana and received a court date in late march. I hope to pay the full amount before the date and have the case dropped. Any ideas?

ez2bemejmb said...

I just have a question and wonder if you could help? I have an 18,000 dollar debt to chase. it has been bought (?) by a company called Mann Bracken because I missed 4 payments. my monthly payment became nearly double after i missed the first one and they told me on the phone that what i could afford to pay them at the time wasnt acceptable as a monthly payment. Anyway, I am not trying to get out of ever paying this back, it's just that i dont have it up front, which this new company is telling me i have to give them. i have now been served to appear in court in 6 weeks. I dont know what to do! there is NO way i can come up with 18,000 dollars before then. Am I going to lose my home? it's all i have (very little equity in it) these people call me 6-7 times per day and have actually called even my in-laws and my parents and told them i owe this money which has humiliated me even further. I am a nervous wreck. any advice would be appreciated.

capshawn said...

I need help. On Jan 17, 08 I recieved a letter from the Philadelphia courts stating that I owe a collection agency $4000 due to a default judgement for not showing up for court on Jan 14, 08. The problem is I was never notified of the hearing to even plead my case. To add salt to my wound, I got served on the 18th of January 2008 by the same collection agency. They are now suing me for another account they own for $2000.
I am going to go down to the courts and request that the first case be reopen because I was never notified of the hearing. Then I think I will ask to consolidate both hearings since they are from the same collection agency. But my problem is how can I fight this. There has been now activity on my accounts since 2003 when I had my son. Do I have any defense? I do have proof that in 2006, I sent certified letters to the company for both debts for validation of the debts. They never responded except with more demands for me to pay my debt. Do I have a defense. Anyone please help.

Anonymous said...

I was served a summons to appear in court on March 28, Marshall County, TN. Apparently I am being sued by Midland Funding for an Aspire Visa account. I have never had an Aspire Visa account and do not recall receiving a letter from a collection attorney to this fact. I did dispute this on my credit when I was notified by my credit monitoring service in early 2007. I remember quite some time ago (over a year ago) receiving something from Midland telling me I could have my debt (I think from Providian in 2003) transferred to an Aspire Visa card but I NEVER did this and now I see on the affidavit attached to the summons that this lady from Midland Funding says that she has complete knowledge of this account. I pulled my credit yesterday and Midland is showing the account opened 12/07 and last payment on 1/07 however I have never had an account with them and obviously have never made a payment to someone for an account I did not have. Since I did not get a letter from an attorney due to issues with the mail or whatever, how am I able to defend myself over this?

my e-mail is toddchad@united.net

My name is Todd and any assistance is greatly appreciated.

Ryeena said...

Hi,

I'm in the process of writing a letter to a credit card company/attorney that's suing me for a card that I never opened up with them. Please let me know what I should be asking for. Thanks.

Ashlee said...

I was recently served with a supeana to appear in court for a dept i owe to citibank. I was wondering if i could push this date back because it is like 3 months away from being past my states statue of limitations. Or would requesting this be considered contact w. them?? My original debt was 500 dollars which is now accumulated to over 1000. is there anyway to negotiate before i go to court to try and just pay what i owe and no late fees or is it to late?

Anonymous said...

I just got served by mail for a motion for leave on a capital one credit card that is over 6 years old I dont have the money to hire an attorney is there any way I can fight back.

Anonymous said...

I live in Wisconsin. I was recently contacted by capital one about a debt that started over five years ago. To break down the summary, I had three capital one cards with a credit limit of one hundred and fifty on one two hundred on the other and three hundred on the last. I lost my job and was unbalt to pay. I tried calling to see if they would combine all three cards to lower my payment they said no. I was not at the max but after months of not being able to pay the over limit charge plus late fee's and interest kicked in. They have kept the accoutn active so they could keep accuring interest. They are now one thousand time shigher asking for thirteen hundred twenty-one hundred and twenty-three hundred. The funny thing is WI has a statue of limitations that debtor can not go after a debt after six years, that will be in six months. I know this is no mistake on capital one's part. I told the lady on the phone I would settle the orgianl amount owed, but there is no way I am paying the amoutns they are asking for. I talked to a banker of mine and she indicated that the county I live the judge tends to rulle in favor of the person with the debt, allowing them to pay lower then the collection agency is seeking. MY question is do I wait to see if that is true, try and seek more info, or bite the bullet and pay what they are asking for; knowing I cannot afford to do that?

jamie_calvert@hotmail.com

Anonymous said...

file bankrupsy, it will stop everything, we were in the same boat, my husbands wages garnished, my about to be by same law firm, they don't care that I have 3 children and my husband was laid off. now we have to file chapter 7, but will be able to get a fresh start.

eob said...

I am in the process of having Capital One Validate a charged off account. I sent my VOD certified mail and they sent me a letter saying they need more information. They requested my name (which was in the letter I sent them), address with Capital One (dont know this), my current address ( which was included in letter I sent them),full 16 digit account number (all I have is what is on CR), social security number (I gave last four #'s) and date of birth (I gave). I have not yet sent this back. I am not sure if this will resart my SOL. Oh yes I live in colorado now. The open date on the account 8/1/02. I lived in OK then and now in CO.

eob said...

I have sent Capital One a VOD. They responded with needing more information. They requested my name (which was on the letter I sent them), Address on file with Capital One (I have no idea), my Current Address (which was on the letter I sent them), Account numeber (which I do not know the whole number), my SSN (which was in the initial letter), and my date of birth (which was in the initial letter). This account is on my credit report as a charge off with an open date of 8/1/2002. In 2002 I lived in ok SOL is 3 years. I now live in CO I believe the SOL is 6 years here. I have not yet sent this information back yet. I dont want to reset the clock and I do not want to get sued for a debt which is not mine. Please advise me asap. This is the only bad thing I have left on my credit report. Thanks

zorfnut@hotmail.com said...

I have a matter which i hope perhaps you can infrom me on what the laws are concerning..
I have had a credit card sue me before, but they were within the statue of limitations and i settles out of court with them.. needless to say i did learn my lesson.

However, recently i was contacted by another card that i had issued by SHELL corporation, credit limit was 400.00
By the time it closed the date of last activity was 3/2003 @ 718.00 The last payment date is 8/2004 which i dont recall.

I have had this bedt sold to 3 other creditors, which have placed marks on my reports, i have paid the price for this... however as i mentioned i was contacted by a 4th agency, which left a msg indicating they were going to file a civil suit against me.. so i called them back...

They stated the amount is 3000 they would sue for but are willing to settle.. i replied well im not sure about this debt since it was so long ago, however i will review things and call you guys back regarding this. I also stated i thought this was resolved and sent payment to another creditor which i guess wasnt processed, overall i was unsure in tone.. They said well settle with the amount and this will all go away....

I said how much are you willing to settle for.. they replied 1000 then 500 and i said thats still too much.. they asked well how much do u have in mind .. i said 375.00 they agreed, and send me a settlement offer via email. ---- Now i never agreed to anything really, but said verbally i will see if i have the funds to address this and look into the matter...In response to the settlement letter they sent, i replied with the following...



To Whom It May Concern:
Details that were submitted are not being done in a full disclosure manner, and discrepancies do exist. As a result I will need to pull credit reports and have other materials supplied to me which I have requested from your company along with others. In no manner is this my obligation or responsibility, and I am not acknowledging anything and have not agreed in any manner to anything as I informed.
Once I have looked into the matter since some details here are not being disclosed, I will then get back with you in regards to this.
Thank You.
end of reply...



I left a voice mail also stating that i want the material supplied to me from the account and such and i will have to pull my credit reports, but i also stated that this account is over 4 years old and therefore the statue is up...Now my concern is that they are going to file.. and as you can see by the dates i think they have until August 2008 then its the 4 year mark which is the term for california.

I have worked quite hard to try and keep my credit okay and if i do settle with them it doesnt help me any since they dont delete the 3 marks .. they just say settled and then stays on my report which i assume is another 7 years for an update?

I have heard since its so close just to ride it out sorta speak and see what they do. Should i submit letters asking for documents from them?? What if they file on me in court, can i still use this settlement offer as leverage to pay that if it came down to it.

If the date of last activity was based on the SOL it would be over already.. too late.. but since this last payment is showing 2004 im not sure what occurred.
Can you please perhaps give me some insight into collectors and if they will file so close to the 4 year mark, which i think is why they called..
Can i push them off for 2 months asking them for infomation and pulling credit reports in order to run out the SOL??

I thank you for taking the time to address this

freddy said...

This is a twist on what you said: I have a friend who was served a summons for a credit card bill in California. The contract requires abitration which means she can file to dismiss the case. However after doing research for her I realized based on the statistics particularly in my state arbitrators overwhelming will side with the creditor. Part of the reason is they won't get buisness if the arbitrator for the company they work sides with the consumer. see:http://redtape.msnbc.com/2007/10/how-arbitration.html
and: http://www.csmonitor.com/2007/0716/p13s01-wmgn.htm. I don't believe it's in the best interest of the consumer to get the case dismiss on the technicality of violating arbitration agreement. It is the courts is where she can request the judge for reduced payments which is what she wanted anywa or tha she is able to appeal the case. In arbitration, there is no appeal. The deck is stacked against a consumer in arbitration cases.

Anonymous said...

Hello, I was serverd papers on an old credit card that was past the SOL. I went to the hearing and the Judge asked me to bring in a copy of a winning court case where the same rules applied. I think he is going to let me off if I do my homework and bring a sample court case in. If anyone has information please email me at mke03@hotmail.com thanks

Get Prequalified said...

Would you have any interest in publishing on http://GetPrequalified.com? We allow backlinks. We don't have a lot of content on Debt Collection procedure.

Get Prequalified said...

I forgot to mention linking? Let me know if you have any interest. You can reach me at 888-368-6668. These two comments weren't intended for publishing, just to get a hold of you.

Anonymous said...

Hey Im apparently being sued by Capital One. I checked my Credit report and it says Capital one Wrote off my debt in the amount of 3,873 and that the Account was closed at the credit grantors request.it was reported in 7/2002 according to my Credit report. The limitation in PA is 4 years I believe. Can they even take me to court as they are apparently trying to do? IOf they wrote it off does that not mean they were compensated in some form by the insurance or something?? Im not even sure if this site is still being maintained so Ill stop here please get back to me if you can.
Shadowsorce@hotmail.com

Anonymous said...

Hello. I too am being sued by capitol one (or so they say) the original debt was $500 and they want $1600. It was almost exactly a year ago. Aaron and associates is suing me and what I'm trying to find out is if they bought the debt from capitol one or they are truly representing capitol one. I was served about a month ago and i was sure to respond. My court date is 11/10/08 in the morning... so of course ill miss work so that i can sit in a court room and try not to get my wages garnished. lol. Im trying to do this myself... I'm 20 and really got in a bad way a year ago.. then when i tried to recover from it they wouldn't except less than a 300 dollar payment which i couldn't afford all at one time. Im really just looking for more direction. what i should say what i can expect i want to go in prepared. I cant have my wages garnished.. who can... I can now make a payment for the original debt but they wont take that.. I've heard horror stories about these people... im really just scared and I'm on my own now. Any advise you \have for me would be greatly appreciated. Im in az and i dont know much about the debt laws. mollikrown@hotmail.com

Anonymous said...

I am an 80 yr. old grandmother in Missouri that has let herself get in a bad situation. I too am being sued by Capital one, and the date is 10/22/08 at 9:00 a.m. I am being demanded to pay off the complete amount, and I am broke. I have no money except a social security check which barely covers my essential expenses of utilities,etc. I was paying a fee to a "Knock OUt" debt company which I agreed to accumulate monies and they would get a good settlement from the collectors which would be much less than what I owed. It was working for a while, until I fell - broke my pelvis and I have a Atrial Fib., heart condition and have been in intensive care several times with this. I had a job, but had to quit it because of my health. Now I was summoned to appear in court, and I can't afford a lawyer. What will they do to me if I don't appear?
Capital One has increased the amount I originally owed to doubled. $4,000.
This covers their lawyers and court cost. I can't pay it. I am scared and am worrying too much over this, as I am afraid they will put a lien on my home, which is already mortgaged. I have no other assests. I need help and do not know what to do.
Can anyone advise me as to what will happen if I don't appear at the court? Will I be fined?

Would appreciate a feed back.

10:05 P.M.

ahoo2u said...

Capital One must be on an all out blitz since the economic crisis of 2008. Probably selling any debt they could, even SOL and charge-offs for pennies on the dollar to willing collections.

After having a civil suit filed for an old $750 cc with Cap One, now tripled of course. I researched the database in the county I live in for Cap 1 filings.. Wow there were over 400 filing in the last few months against old debtors.

I'm wondering if any others of you have access to on-line public info from their courts. I really believe the increase in cases is significant especially for smaller amounts and against debtors like you people who haven't the slightest ability to pay as requested and the only reward for the lawyer is the power to cause more misery.

Anyway, I'm still researching your plights from public information and forwarding it to various congressmen and women.

Anonymous said...

wells fargo sent me a letter saying i owe them 5600 dollars and they have charged it off. they said a lawsuit is possible. i live in alabama what steps do i need to take to beat this.
churchmw@hotmail.com

Anonymous said...

i am mad that you refuse to answer people right on the blog. it would be easier for everyone, and you wouldn't have to repeat yourself 50 times

Anonymous said...

I too received a summons to appear in court for an outstanding balancing with Capital One (originally 900.00, now 2400.00 because of their late charges and penalties). I explained to them I lost my job and was experiencing extreme financial hardship. They would not settle for anything less than the amount owed. Anyone here smell a class action suit against Capital One?

Max said...

I would not be thinking about class action lawsuits against a creditor. Class actions never get the individual anywhere. Think of FDCPA lawsuits instead. Another thing you need to be thinking about is how to protect your assets and wages from garnishment and seizure because you are almost guaranteed to lose in local courts. You need your own TARP or Toxic Assets Recovery Program. A Tarp can easily guarantee that they can never garnish wages or seize any property.

Anonymous said...

I just got server through the mail for $600. It was mailed to be from my old roommate because I no longer live in the state so there is no way I can even show up for court. What should I do? Who should I call?

Anonymous said...

Please do not panic from these street thugs, so called attorneys, collectors. Answer the court summons as soon as you receive and appear in the court on right date and time. Law is made to protect citizens but not to harm. Don’t let these thugs to take advantage of your weakness or a mistake.

1.Respond court summons within thirty days of the letter you receive
2.Send to court and cc to plaintiff by certified mail
3.Write plaintiff to provide the details of what is in the claim
4.These thugs should not call you at all or any of your friends, relatives or at your work
5.If they call you and harass you, record the conversation or note the detail
And just google it. You can find so much information which could save your time and money...

Thanks...

Anonymous said...

Hello, to make i long story short just recent my husband received a letter from a collection agency,indicating that he owes 2,500.this is 20 yrs old. My husband had to file Bankrupt 20 years ago and all of a sudden this card appears...... i tried looking at better business Burial. I think this has to be some kind of scam.... sincerely Bea.....

Anonymous said...

Fucking another A..HO… cheating people on day light. Where is my post from last night? Your blogg will be list on black list soon.

Anonymous said...

I am in Missouri, I am currently fighting a Motion to Confirm Arb Award with FIA card services, I filled Requests for Admissions. Plaintiff dismissed without Prejudice then filled motion to set aside dismissal, the judge granted the motion to set aside and set case for future court date. The requests for admissions were not answered or objected to in the 30 days allowed under court rules. Plaintiff says since this is a motion to confirm arbiration award that discovery is not permitted. I cant find anything that says that discovery is not permitted in this type of case, is this enough to win my case when I go back to court? drumrboy68@yahoo.com

SDLSA said...

Hi .. I have a question (or two). We were recently served with a Statement of Small Claim and Notice of Trial by the Boston Municipal Court. This is for a credit card debt that is not mine. I immediately sent off a validation letter via certified mail, return receipt requested and requested numerous items, to include the original application bearing my signature, all charges and approves which bear my signature and proof that the statute of limitations has not expired. At the time, I was living in Maine, but my family lived in New Hampshire and the address they provided was in NH. A law firm responded and sent a copy of an "Acceptance Certificate" which has my name, SS No. DOB, but it is not my addres and it clearly is not my signature. Would the statute of limitations apply to New Hampshire since that is where the alleged debt took place? The SOL in NH is just 3 years, but in Massachusetts it is 6 years. A law firm replied, but did not send me all of the information I requested and cannot tell me what the charges are for. In addition, I just received a settlement offer and now the balance due has increased by almost $700, in just 2 weeks! Although the Acceptance Certificate was dated in 2003, they send the brochure with all of the fine print and it is dated 2005, the year it was charged off! I have no way of knowing if this was the original contract. Thanks for your help.

Anonymous said...

Can you recommend a good lawyer for these types of matters in New York City? Thanks very much, miguel.escobar.esq@gmail.com

mjs said...

We were served with a summons for an arbitration case from Discover Card, in the amount of $9336. I don't have any idea where to begin. I know I have to ANSWER, but I am not sure how. I would like to fight this and get the amount down to a smaller amount.

mjs said...

We were served with an Arbitration Case Summons from Baker & Miller, PC. On behalf of Discover Card. We are wanting to see copies of all of our charges, fees, and interest. I am not sure how to proceed in “ANSWERING” before the 20 day deadline. In “answering’ are there legal papers that have to be filed or is “answering” merely writing a certified letter to the attorneys? The amount is $8986 plus $350 attorney's fees. Is there any way to settle for a lesser amount. The principal on the account can't possibly be more than $6750.

frequency said...

After requesting validation from Midland, they have finally sent some copies of old credit card statements. The statements cover a 7month period, but are not the final statements. In the validation letter I asked for an accounting of how the balance was calcuated but have not received anything for that. The balance they say I owe is more than what is on these statements but I do not know how it is calculated. Is this proper validation or should I be entitled to some itemization on the balance they say I owe. Should I write them back or what should be my next step.

Im in TX and in the SOL
I have now realized that I should have sent a letter referencing my rights under the TFC in the original DV letters. I did reference the FDCA in the first letter. Now that they have sent the credit card statements, but no accounting for the balance, do I still have time to exercise my rightrs under TFC?

I understand the TFC has a 30 day period for a response or I can demand deletion, but I should have stated that in my first letter. Or do the TFC rights still pertain to me even though I did not state them?

Background:
The first DV letter was sent within the first 30 days of the first notice. They responded with a basic letter stating that I owed on the account~3 weeks later. I followed up with a letter asking for proper validation and an accounting of the balance. ~2months later I received the credit card statement copies referenced above. Looking for suggestions on what I should do next.

Anonymous said...

I was sued by AMEX for a credit card detb, then I requested the supporting evidence, such as upto date payment history, and original signed agreement. Later on, they dissmissed their own case. Their representive attorney said they could still sue me in the future. What should I do now? The debt is about $15K, should I offer them a good faith settlement or just ignore it? Thanks.

Daniel said...

Today (September 2nd 2009) I just received a summon a letter from BMO Mastercard. On the papers it said that the paper was issued on July 28 2009. I got the letter today. So did I miss the court date? I owe them an amount of 24,000.

bichishyguy@gmail.com said...

I am being sued by CACV of Colorado. My trial date is next month. My date of last activity was 6/03. I was served in 4/09. But they FILED in 9/06. All the computer generated printouts attached to the summons have dates from 6/01. And I have papers from lawyers on behalf of CACV over 5 years with varying amounts. What's my best option? I thought it was outside the SOL, but they filed in 2006. Can they really wait THREE YEARS to serve me? What gives with this?

Anonymous said...

There was a paper left on my door from a law office acting on behvave of Capitol One. I believe process server left it. However where I live they have to give the notice in person to someone at the residence over the age of 18 I was told by a lawyer. However here is my question. I had a had a firend of mine that is a lawyer draft up a letter asking for proof that owe these funds because the pappers they left were dated from July and it gave no info. stating I have a court date. Also when I called the law office only a recording comes on no matter what time of day I call. I have not heard back from the law office since the letter was sent more than 30 days ago. My question is if they provide me with the proof that this is my debit would that be done via mail or would they have a server do that as well? ALso by law do they have to proove that this is my debit? Plese post the answer on this site.

Thank you
K

Bill Bennett said...

I just received a notice from the Magistrate's Court that a law firm in Atlanta was representing Capital One in a case against me. They attached a copy of an billing statement from 10/2006 and a copy of the fine print about the account. The problem is I have never had a Cap One card and this is the first that I have heard of it. Do they need to provide me with some sort of proof that this is my debt, (which i will gladly pay if it is) such a copy of something with my signature on it?
I have 30 days to respond.

Home Biz Advisor said...

I was recently received a summons to appear in court for an old account we had with Chase Bank. We were in financial difficulty back in 2006. We used the card to pay for basic things like food, utilities and even our mortgage. Once the interest rate reached 24% we could not make the payment. We tried to work things out with the bank but to no avail. The account was sent to a 3rd party whom we tried to work with but no success either. The plan they wanted us on would not work with our budget. In 2008 we heard from an law firm representing the latest party who now owns the debt. We have contacted them and informed them of our situation. They offered us 3 payment plans that we can't afford. Plus the total amount the payments are based on is more than what we charged to the account. The amount we charged was $6500. Their letter states we owe $8007 and the payment plan they offer is based on over $9000. What can we do prior to appearing in court?

Anonymous said...

My husband received a suite has been filed agsinst him from GE Money/Lowes in the amount of $6,135He would like to respond. How do we do that? Are there official forms? We are working with a Debt Counseling Firm but they said we would need to respond to the court and to the plantiff then they would take it from there. Need you help. consue62@windstream.net

Anonymous said...

i issued checks to muckleshoot casino and unfortunately i was not able to fund them..now the collection agency is pressuring me to pay it in two months amounting to 1,625.00usd but i have no means to do that except ask for a longer term on a monthly basis payment.but they dont want to agree with that.Instead, they demand a debit card so that they can have a secured payment and ask me to borrow money from family or friends..this particular agency hasn't sent any letter yet. they just called me because it was passed to them from a different collection agency...the original creditor is global cash..the first agency was xpress checking but they dont have my case anymore with them that'ts according to this second agency named Audit System..the Audit system never sent me any letter...how can i deal with this..i need more time and longer term but they're not open to it..

KT said...

I was issued a summons by a debt collection law firm representing a collections agency that had bought an old debt of mine. On the advise of a friend I sent them a debt validation letter but have not received a response and the 30 days is past. What I did receive from the lawyer was a testimony packet to fill out and send back. Should I fill this out or should I wait for the court hearing? I owe the original debt, that I'm not debating, but I tried previously to work out a payment option with the company and they refused. My husband was unemployed for 6 months and we could not afford to pay the amount in one lump sum. I'm pretty sure they bought the debt for less than was owed and I'd be more than willing to pay them that amount but they will not send me any validation that they even own the debt or how much they owe. What should I do?
Many thanks kt.eppich@sbcglobal.net

sandy said...

I just got served with a summons from a debt collector. In the summons it says plaintiff is legal entity and that the original account was with a banking institution. That Citibank is the Bank who issued the account with account number. I used cc and failed to make payments. account was transferred to the plaintiff and acquired all rights of the Bank and the amount as of June 21 that is due with no interest ect pursuant to Neb law. Plaintiff pays judgement in the amount plushighest rate allowed by law.
Can i send them a document that assumes assignment or transfer, for them...and ask them for the actual contract of assignment, a copy of the original creditors las t billing statement , thte subgect defaulted contract supported by affidavit based on first hand knwoledge of the original creditor..Would that be my first option...I can't pay a lawyer and have moved from Las Vegas back to my small town in Nebraska..I have nothing and work to just make ends meet..I owe all credit cards and probably owe 18 thousand..should i just file bancruptcy or fight all of these by making them produce the original signed contract....

Jenny said...

I am from Ohio and got served with a summons in may from an attorney representing harvest credit management for a debt through Bank of America. The last activity on the account was in the summer of 2007. I am working with a debt settlement company, and this is the last debt I have to settle. At this point in time, I do not have enough money saved up for the debt settlement company to contact the attorneys office. I wrote an answer denying the allegations based on their lack of sufficient evidence as well as listing affirmative defenses. They had a "last statement" but it did not have a full account number, and it stated the debt was from Sallie Mae, which was never (to my knowledge) an owner of the debt. I have since received the law offices interrogatories, request for admission, and request for production of documents. I am not sure how to respond to these questions to not get the case thrown out. I already have one company garnishing my wages because I did not answer a previous summons correctly. I cannot afford an attorney to consult about this matter. Also, they still have yet to prove they have the correct documentation that allows them to sue me and collect on this debt. They only have the last 4 digits of said account number listed on any paper they have given me. In my opinion unless they have legitimate proof that this is indeed my account, they should not win.
If you could please write me back , I would very much appreciate your assistance. Thank you.

Anonymous said...

I live in the state of Ohio. I had a credit card w/ Cap One that was charged off in 2005. I owed around $500 at that time. Recently friends and family members starting getting phone calls from someone identifying themselves as the Sheriff dept and saying that I have a warrant for my arrest and/or they are trying to serve me w/ a summons and need to locate me. I called the sheriff's dept and they told me I do not have a warrant. I called the clerk of courts and they told me I do not have a warrant, summons, charges etc.. accornding to their ssn# search. I then called the phn# that was left and was advised it is City Investment Services and they are collecting for cap one. They told me I am being sued for $5.256.04. When I asked what sheriff's dept was trying to serve me I was told that they hadn't actually filed the paperwork yet. They have my current address and phone # so why would they call all these other people and lie to them? They told me they would put a "stay" on the paperwork until Monday so I can try to come up with $2,756.04 to settle the debt. I explained to her that I am unemployed, have no income, no bank account and no assets. She said they will put a 10 year judgement against me to collect? I tried checking to see what the SOL in Ohio is and got conflicting info. I read that statute 2305.09 gives the SOL for open accts as 4 years. Some people said cc's in ohio are considered written contracts not open accts, which has an SOL of 15 years. Then I found a statute of 1335.02 that seems to exclude cc's as written contracts....I'm not sure what is right or how to proceed. Also, I am legally married but my spouse and I have been seperated for 9 years and I don't even know where he is. She told me that if I don't have income they will garnish his wages for the debt. Is this right? Thanks for your help.

lollipop.bags@yahoo.com

Anonymous said...

I recieved a phone call today from Capital One saying they are going to take me to court over a pass CC debt. I lost my job and had to stop payments, I tried to set up a payment today, but they want over 600 dollars to just start me on a payment plan. I have been reading other post and they say except the papers and go to court. I am being sued over a 968.00 debt, and they are saying there going to sue for me for over 5000.00. Please give me any advice you can on how to handle this. I am in TX

Thanks

tish875@aol.com

Anonymous said...

Great site !

Here's MY question. I am still getting letters from Cavalry Collection Agency on a Union Oil Credit Card that I had in 2001. I had become homeless and all my financial records were lost.

I've written them and told them that this debt is too old, but the original balance was only $ 90, yet they keep adding interest and it's now over $250. They won't reply to my letters, so what can I do ?

Anonymous said...

first thing is answer the summons, when you go to court make the junk debt buyer prove they own the debt, deny ts your debt the burden of proof is on them, and guess what they can never come up with the proof.

Anonymous said...

This blog is informative and much appreciated!

I've been notified (letter dated 11/5/10) that Citibank (originator) has filed suit against me for alleged CC debt. Of course it was not actually recieved until at least a week or so after the date on the letter. It claims I have 35 days to write an answer or file a motion. True? And I must pay a filing fee of $135.00? True? The letter also claims that if no motion is flied within that time, the Sheriff may seize my money, wages, property, etc. to pay for all or part of the judgement. Well, I've basically been out of work for about 4 years and there's not much left from what was posessed before. Prior to this, my credit was was in the high 700's. The balance that they claim is quite high. What actions might you suggest? Should bankruptcy be a consideration? It states that the case has been assigned to "track 1", discovery is 150 days and runs from the first answer, or 90 days from the first service. Might "track 1" be inappropriate?
Thank you for reading.

-leadoffmanincf@yahoo.com

Kevin said...

This could help you win your credit card cases.

http://affidavit-denying.blogspot.com/

http://compeldiscovery.blogspot.com/

Anonymous said...

I live in TX. Just received a letter from Capital one on 08/16/2011 stating they have filed a judgement against me in small claims court. I am in school full time and my husband and I scrape by on his paycheck with 2 kids (17&14) The last contact I had with them was on 06/24/2011 and the person I spoke with told me to "get a student loan to pay off this debt, otherwise we're taking you to court." Is this legal?? I told him that a student loan was only for school purposes and NOT for old debt from 11/06. Yes, it's VERY old debt! We lost a trucking company and cannot afford to file bankruptcy b/c we would need to file as business and personal debt. Double whammy there! What do I do??

Td2harr@aol.com

Jeff said...

My wife had our bank account levied for an old credit card debt. She's on unemployment which is except from Levies, but because it isn't direct deposit the bank had no way of knowing, and took the money our of our account, but the problem is that there wasn't enough money to cover the levy, but they gave it to them anyway. So we filed a claim of exception with the filing dept in this case the Sheriff's Dept. The Sheriff's dept told us that the creditor had 21 days to respond, and they did. Here's the real kicker. A court date was set to hear the case, but we never rec'd any information about the court date. I assume that all court dates must have a summons, and we did not receive a summons. We moved 3 days after the notice of the hearing was sent out, but it was local so we should have rec'd before we moved, and also it was not forwarded, and therefore we missed the court date. Now they have our money which they shouldn't have, and the bank wants to close our account because it's overdrawn. We really don't know what to do at this point, and I am researching to find out what our options are. Any advice?

Anonymous said...

I was sued for an unpaid credit card bill by Capital One a year ago for $2,500. The courts decided I could make payments of $10.00 a month to capital one to take care of the debt since I did not have much income. A few months later, I received a judgement that Capital One put a lien on my home for the $2,500. because I had forgot to start sending the $10.00 payment in to them. How can I ask to have this judgement/lien against my home removed? I don't have the money to pay for an attorney or the $2,500. Please email me advice on what options I have now....tjmsalias@hotmail.com

worldpharmacare said...

thanks for advice
http://sax-jax.com

Anonymous said...

I just got served by registered mail for a debt of a credit card that i was sued for 2 years ago of 21,000 in Texas for a deposition. This new company has bought the debt and me to show up next month with documents. I called a lawyer and he said to attend or I would possibly be arrested, I tried to by the old company monthly but they wouldn't accept something that I could afford. will I be arrested if I don't go?

Jodi said...

I am being sued by Capital One Bank (USA) , NA for a total amount of 4,685.53. I was not sent a court date however, I was sent paperwork via regular mail from the Clerk of Courts. Evidently, they tried to send a certified letter, (never brought it to our door as the day we should have received it we were home and the mailman just stuck a "pick up at post office" slip in our mailbox...when I went to get it from the post office at my earliest convenience, they had already sent it back to the courts). The paperwork they sent states that I applied for the credit card account, that I am bound by the agreement, that I defaulted under the agreement, and the principal amount due is 4685,53, and that demand was made to liquidate the balance due and I have failed to do so. They then attached a copy of an agreement from Capital One to the paperwork along with one statment from Capital One with a completely different amount on it. The amount on the statement is 6876.82. (I'm guessing this includes the interest from when I stopped paying). My last payment to them was 12/2008. On my credit report it says account closed, sold and transferred. There is another company on my credit report saying factoring company. It says on the bottom of the initial letter "If you have a defense to the complaint, you must file your answer by 3/23/2012." I have no idea what this really means or what I should do. Do I have the right to request for Production of Documents, even if they sent me a copy of the Credit Card agreement from 2005? If this is truly the factoring company going after me, do I have to deal with them at all or can I go back to Capital One to try to resolve this? I don't have the money to pay the amount. I'm strapped as it is. Any info would be greatly appreciated!!

Anonymous said...

Hello,

Great and appreciated blog. I have a question, maybe you can answer. This is concerning a JDB's attorney filing a small claim against me for old credit card debt. I received the summons and in NH you only need to send back a portion of the summons indicating you want a hearing. You may also request a jury trial if the amount is over, I think, $1500. I indicated a hearing, no jury trial. After that, the attorney sent me a Request for Admissions. That needs to be filed within 30 days. Right now, the hearing is scheduled for July 5th and the R for A was dated June 5th. I haven't yet responded. The last four digits on the ccount on the R for A are not from an account I have ever held. I've held accounts from the original creditor they mention, as well as the last payment date they state of (May 11, 2009) is correct for the other account but not the one they list on this R for A. It's not my account. Unfortunately, I ignored all the correspondence from the debt buyer(s) who've sent notices and invoices because we had to stop paying on all of our credit cards in 2009 when the SHTF financially for us, just to pay the mortgage and other life necessities. After a period of time, the original credit card balances were bought and sold and bought and sold, and I couldn't keep track. Never responded to any JDB or collection agency.

Should I respond with a Sworn Denial, as well as a request for validation or affirmative defenses? If I file something the plaintiff needs to answer and the hearing is scheduled for a week from this Thursday, what happens?

my email is auto47297643@hushmail.com

Thank you.

Tena Elkins said...

I am being sued by Discover card after I made a lump sum settlement after my husband became disabled. We gave assets and I'm afraid they are going to attach to them. Does anyone know how I can deal with this?

Tena Elkins said...

I am being sued by Discover card after a lump sum settlement because my husband became disabled. Now I am confused as to why we are being sued. Can anyone help me with this? I have assets and I am afraid they will attach to them.
I am angry I have to take off work to deal with this. I only make $8.00 an hour on my job. HELP!!!!

jose delagdo said...

hello my email is hoekapika007@gmail.com today I received a call telling me I am being sued by visa classic on a credit debt from 2012 600 limit 200 altogether with interest and fees the thing is I have never herd of this account not on my credit report o mail from it and my first card I have ever opened was in may 2014 this is not my card but the person I spoke with had my name birthday social address he said he will send the summons by mail any advice

jose delagdo said...

hello my email is hoekapika007@gmail.com today I received a call telling me I am being sued by visa classic on a credit debt from 2012 600 limit 200 altogether with interest and fees the thing is I have never herd of this account not on my credit report o mail from it and my first card I have ever opened was in may 2014 this is not my card but the person I spoke with had my name birthday social address he said he will send the summons by mail any advice