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NicoleEstes · Posted: Thu Apr 10, 2008 8:20 am

So...
I received a summons for a Chase credit card debt that I incurred in 04-05. I've been reading about making sure the agency actually owns this debt, and when I called them for proof, they refused to give it to me and told me to answer the summons. I'm filing my answer tomorrow, saying that this agency hasn't showed me any proof of ownership.

My question is: What happens if they do infact show proof that they own this debt? And, more importantly, what happens if the don't own this debt? What steps would I take in order to get this paid and over with? How would I find out who the original owner is?

Help!!!

NicoleEstes · Posted: Thu Apr 10, 2008 3:44 pm

Anyone?

Posted: Thu Apr 10, 2008 3:53 pm

Hello Nicole, sorry for the delay. I am sure someone who knows more about court protocol will be along to answer your question as soon as possible. For now, all I can tell you is this; make sure you answer the summons, and DO show up for court. If you are uncertain about this bill, then you need to state on the reply you can't affirm or deny the debt is yours, as you have no proof that it is. If I'm not mistaken (someone correct me if I am wrong), you may also file for 'discovery', (depends on your state/county civil procedure), during discovery, request proper validation of this debt. If they can prove it is your debt, then you can set up payment arrangements. Do you know what your statue of limitations are for your state? You said this bill is from 2005?

NicoleEstes · Posted: Thu Apr 10, 2008 4:06 pm

Thanks so much for the quick reply. Very Happy

I'm in Arizona, so I think the statute is 6-7 years. The original credit card debt was for $250, but now the attorney is suing for $1,029. In my answer, I'm asking for a break down of the costs... Should I just contact the attorney and see if I can settle before this even goes to court? I'm really unsure as to what to do here, everyone I ask- gives me a different answer. Sad

Posted: Thu Apr 10, 2008 4:16 pm

NicoleEstes

Posted: Thu Apr 10, 2008 4:18 pm

By the way Nicole, did you receive any other notice prior to this summons? Did you perhaps relocate and they were unable to find you?

Guest · Posted: Thu Apr 10, 2008 4:27 pm

Yeah, I'm curious to see where they got that total too! Evil or Very Mad

I never heard from this particular attorneys office until I was served on Tuesday. Other agencys, yes...but being stupid, I chose to ignore them. I'm more than willing to arrange a settlement with whomever OWNS this debt,(don't tell the attorney that!) but I don't want to pay someone unless I'm absolutely positive I'm paying the right person...If this attorney's office doesn't own this, then how do I find out who does?

Posted: Thu Apr 10, 2008 4:39 pm

I bet skydvr will have some good advice for you, he knows a lot about these things, if you hang tight for a few, I am sure he will be happy to help you. Smile

NicoleEstes · Posted: Thu Apr 10, 2008 9:11 pm

Alrighty- Thanks so much!

Posted: Fri Apr 11, 2008 6:08 am

Hello Nicole, welcome the the forums.
If you check my signature you'll see a link to a debt validation letter template. You can use that as a checklist of sorts for documentation to request during discovery for this trial. If they cannot provide sufficient documentation to show that the debt is your, they own it, and they are legally capable to collect on it then you can motion to have the case dismissed with prejudice.

Do you plan on an attorney representing you or do you plan to represent yourself?

NicoleEstes · Posted: Fri Apr 11, 2008 6:48 am

I plan on representing myself....I can't afford to get an attorney.

JCEMT- What would be considered sufficient evidence that they own this debt?

NicoleEstes · Posted: Fri Apr 11, 2008 7:06 am

Nevermind, I read the debt validation letter as to what sufficent evidence will be.

I am filing my answer to their summons today...
1. In answer to the allegations of Paragraph 1, this defendant admits that this court has proper jurisdiction. Defendant denies the existence of any marital community.
2. In answer to the allegations of Paragraph 2, this plaintiff does not have sufficient information or belief to answer the allegation and, as such, defendant denies allegation.
3. In answer to the allegations of Paragraph 3, this plaintiff was unable or unwilling to provide supporting documentation stating that they are the owners of this debt.
4. In answer to the allegations of Paragraph 4, plaintiff was unable or unwilling to provide supporting documentation on how the balance due was calculated.
5. In answer to the allegations of Paragraph 5, plaintiff was unable or unwilling to provide any signed contracts allowing for interest.
6. In answer to the allegations of Paragraph 6, Defendant has never been contacted by plaintiff until summons was received.
7. In answer to the allegations of Paragraph 7, plaintiff was unable or unwilling to provide any signed contracts allowing for attorney’s fees.

AFFIRMATIVE DEFENSES:

1. Defendant alleges that plaintiff’s complaint and any cause of action therein contained fails to state facts sufficient to constitute a cause of action or causes of action against answering defendant.
2. Defendant alleges that the statute of limitations has run which is a bar to plaintiff’s complaint against answering Defendant.

Wherefore, this defendant requests that Plaintiff take nothing by reason of its complaint, for costs of suit, and for such and further relief as the Court deems just and proper.

Could you look over my answer and see whatcha think?
Should I include a copy of your validation letter along with my answer? Or should I just file this answer and wait and see what happens.

I'm so nervous... Confused

Posted: Fri Apr 11, 2008 7:09 am

Wow! Nice!

Posted: Fri Apr 11, 2008 7:11 am

1. They would need to explain what it is for.
2. A break down of the award they are seeking, itemized, showing original balance, interest, and fees
3. Disclose the identity of the original creditor
4. Proof that the Statute of Limitations has not expired on the account
5. Proof that the collection agency is licensed to collect in your state.
6. The collection agency's and attorney's license numbers and registered agent.
9. Proof that the collection company owns the debt/or has been assigned the debt such as a assignment contract (if they are managing the account for the original creditor) or a bill of sale (if the debt was purchased.
10. Complete payment history, starting with the original creditor. This is required to be presented on stationary from the original creditor, not a computer printout from their office. This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
11. Copy of the original signed loan agreement or credit card application.

Also on item 9, if they purchased the debt then you may challenge the chain of custody. If they had purchased it from another collection agency then you can request them to obtain a copy of the bill of sale between that collection agency to the person who owned it prior going all the way back to the original creditor. If they cannot show where for instance that they CA4 purchased it from CA3, and from where CA3 purchased it from CA2, and from where CA2, purchased it from CA1, and where CA1 purchased it from the original creditor, then that could take away a good deal of their claims credibility.

If you have any further questions please feel free to ask.

NicoleEstes · Posted: Fri Apr 11, 2008 7:38 am

whew! I'm pretty sure I've got all bases covered!!!!! I'll file my answer today, and we'll see how it goes. Wish me luck! I really do appreciate all your answers and advice! Thank you!

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