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Posted: Fri Mar 07, 2008 9:17 am

Unifund has apparently purchased my debt from Citi Bank? In this summons it states that Citi Bank had charged off the remaining balance, so I assume this means Unifund now owns it? Ummmm, I don't know, but a summons of complaint- to go to court was received yesterday, it states that if I fail to appear and defend, a default judgment will be awarded to the plaintiff. I have 28 days to respond from the day of service. The Attorney representing Unifund is, Susan D Appel from Cincinnati, OH.

I sent out a debt validation letter to Unifund last week, they received it because I have the green tab showing they signed for it. This must be why they're taking me to court. Anyway, the only thing attached to this summons marked as "Exhibit A" is a copy of Citibanks credit card agreement. No signature, no contract, no proof of me owing this debt. Just a copy of a standard credit card agreement outlining their services, interest rate, check fees, late fees, etc., etc.

Oh and, they have mentioned several different amounts owed in this summons, so I am having a hard time figuring it out. This is what it says:
THIRD CLAIM
Numbered 17 thru 22
Number 22 says: As a direct proximate result of Defendant's unjust enrichment, Plaintiff has been damaged in the amount of the remaining charge off balance of $11,000 (rounded off figure) plus interest currently accruing(and continuing to accrue) at the rate of 24.99% per annum on the charged-off balance from the charge off date of 06/20/06 (which currently totals $5400.00 (rounded off) for a total as of the date of this complaint of $17,000.00 (rounded off amount), plus court costs.

This is all foreign to me. Confused

^^

How do I respond to this summons? What shall I do?

Posted: Fri Mar 07, 2008 9:21 am

was this the same debt you had with javich,bock,and
rathbone?i remember you posting something like that.
did they sell it off?or is this a new judgement?

Posted: Fri Mar 07, 2008 9:22 am

No, this is a totally different debt.

Posted: Fri Mar 07, 2008 9:24 am

This is just a complaint right now, no judgment yet, I have to respond within the 28 days. I can't figure out how they arrived at this amount, and they won't validate it. Can I ask for validation at the hearing?

Posted: Fri Mar 07, 2008 9:30 am

Discovery my friend, request it in discovery. Make them prove their case. Also the 24.99% interest. Was that provided for in the contract? You should also make them break that down for both you and the judge.

Posted: Fri Mar 07, 2008 9:35 am

JCEMT, I'm making myself look stupid here, but what exactly is discovery, and when does it take place, at the hearing, after the hearing, is it something I request?

Posted: Fri Mar 07, 2008 9:55 am

This all occurs before the trial. You serve the plaintiff's council with your discovery request, look up laws for civil procedure in your area or consult an attorney.

Posted: Fri Mar 07, 2008 9:56 am

Ok, thank you very much.

Posted: Fri Mar 07, 2008 11:26 am

Well consulting an Attorney is out, I don't have funds available for that. I have been searching and searching for information on discovery, I'm not locating what I am looking for, or I'm looking in the wrong places. Can/will someone help me understand and figure out how I should respond to this summons, I only have 28 days to do so. Also, does anyone have any information about the "discovery process" that might be helpful to me? I surely would appreciate it. I am as confused as can be right now. Embarassed

Posted: Fri Mar 07, 2008 12:06 pm

hiya shaz--

ok, first things first. You said that you send out a DV letter to Unifund. You need to do a little checking on this one before you answer--it is possible that they filed this complaint AFTER they received your DV letter, which makes this lawsuit unlawful from the get-go. What you need to do is check with the court like before--check for the docket entries on this case. That should tell you the date they filed the complaint with the court. If that date falls on the same day or after the date on the receipt card from your DV letter, then thats your defense right there--that filing this complaint was a direct violation of section 809(b) of the FDCPA.

It may or may not be the case, but it is something you need to know just in case they did do this illegally.

Posted: Fri Mar 07, 2008 12:13 pm

OK Sky, I put in the case number, and even tried it with the name, but it is saying there is no case found.

Posted: Fri Mar 07, 2008 12:17 pm

I am looking at the bottom of the page of the summons, and according to this it was signed by the Deputy Clerk, and dated on 2/11/08. They received the Validation Letter on 2/25/08. I received this summons, yesterday. Oh and, it is stamped in red and filed on 2/11/08.

Posted: Fri Mar 07, 2008 6:58 pm

As long as they filed before they received validation then it is perfectly legal. Has they done it after they received your validation then that would not be legal.

I would call the court house about the case #. I trust a clerk more than I would trust a web site to tell me is the case # is valid or not. When you call take down names and times you called.

Follow Jc's advice on the discovery.

Posted: Fri Mar 07, 2008 6:59 pm

As long as they filed before they received validation then it is perfectly legal. Has they done it after they received your validation then that would not be legal.

I would call the court house about the case #. I trust a clerk more than I would trust a web site to tell me is the case # is valid or not. When you call take down names and times you called.

Follow Jc's advice on the discovery.

Posted: Sat Mar 08, 2008 3:22 pm

I googled "discovery", from what I understand it's basically part of the response I write to the summons? Obtaining information from the other party in the law suit, such as validation of the debt? Do I send a validation letter as part of the discovery, do I send it certified to the plaintiff and the judge? Sorry, but I really am not sure exactly how to go about this. Any suggestions would be helpful and very much appreciated. Thank you.

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