Denied debt in court, trial is set, now what

Hi snowhite,

Here is information on how to respond to a summons.

You said "old debt". How old? What state?

Interestingly enough, I looked up Elite Recovery in Google. I'm assuming you don't mean the vehicle repo place? And the Inside Accounts Receivable Management website reported that Elite Recovery had closed. 'http://www.insidearm.com/go/arm-news/buffalo-debt-collector-shuts-down-in-difficult-economy'

And Blitt & Gaines is allegedly dirty, even fraudulent.

This is a bit weird, some info is missing. So this is a real summons, in the name of a "rent-an-attorney" service and a collection agency that's out of business - hmmmm, something smells rotten in Denmark.

chrys

Hello to both of you and thank you for your replies. That is very interesting Chrys!! I will check out those sites. State, Illinois. According to my credit report Cap one acct opened 12/04 and closed 10/05.Another issue is I actually had a cap one account opened 11/03 and I closed 3/04 in good standing. If I already had a cap one acct why would I open another with same bank and close the other? As you see, the accts overlap
Yes, the summons was real and I went to court. Denied the debt and there is a trial date set.

The summons names elite recovery services as plaintiff with someone out of new york as their agent on an affidavit. Stated on the affidavit is "that if called upon affiant can testify at trial as to all facts pertaining to this matter". If a notary signs the document isn't it lawful to have a seal imprint? All this over an alleged 300.00 dollars??? of course that amt has been inflated to over 1,000.
Chrys..if elite(plaintiff) is out of business..what would be my next step? Thank you so much..all is sincerely appreciated Debbie

Just one last fact..affidavit was signed by notary 10/08 I was served 1/09..is that of any consequence? Thank you

Object to that affidavit...demand for them to bring this person into court so you can question them on how they could possibly know the facts of the account. Did they witness you sign the contract? Did they witness you purchasing goods with said card? I think not.

Sending a DV now won't do any good, they can and will ignore it. You need to make sure you motion for discovery and demand they cough up documentation from cap one proving this supposed account. You want to see statements and a signed agreement/contract.

When you get their discovery, do not agree to anything, if they ask for credit cards etc, say you don't have that documentation available..if they ask for any OTHER cards and such, reply that it is personal information not relative to the current case.

Thank you Goldenbast. I think it's time to find an attorney. B and g knowingly pursued this matter and took me to court after elite closed. I have found documentation to that affect thanks to Chrys. They have committed mail fraud and I'm certain a number of other violations. Any attorney recommendations? Northern Il All of you, your help has been invaluable

Snowhite - I responded to your other email to tell you I was in the same boat - and I live in IL, McHenry County.

You are getting good advice here on what to expect.

I just want to elaborate a few things on what I told you before.

When I went to 1st court date that is the day I filed answer asking for debt validation. Don't know if you did that or not. At that court date junk debt buyer actually seemed surprised - they are used to people not knowing what to do. He told judge I asked for documents he does not have on hand. Judge asked him "Do you want trial". Junk debt buyer says "Yes".

I was worried too - now a trail? What does that mean? Am I going to be sitting on a chair next to the judge? Is there going to be a jury? I had no idea & was scared maybe they would dig up documents. But I kept getting reassured here that it was unlikely they would be able to produce docs & I was also advised to demand they bring in the person who signed affidavit - I was also getting advise from EdCombs on this - they said the same thing and added junk debt buyer will will eventually give because now you are costing them money if they comply with your rightful request to bring in affidavit peson.

Trail was no different that first court date. This time I was prepared to request that affidavit person be bought in for questioning if documents were produced. My name was called, I went before judge, junk debt buyer sends different attorney who is fumbling through his papers because he apparently sees for the first time I requested debt validation & he doesn't have it. He even tells judge sheepishly "I don't have anything". Judge allows continuance so he can get docs.

Third court date. Same thing - junk debt buyer still has nothing and tells judge he is dismissing case w/prejudice.

I was so glad I found this site & felt so smart in court. Even the judge seemed surprised that I knew what to do without having to hire an attorney. Each time I sat in court person after person went up & judge would sometimes become angry at them for not knowing to file an answer. He even yelled at one guy for not knowing what to do in court.

I hope this reassures you on what you can expect out of the process in IL.

Everything you are being told is good advice - keep demanding they produce written agreements with your original signature on it. Insist they bring in the person who signed the affidavit. I know it's nervewracking - but keep in mind they likely will not do so and figure it's best to let this one go.

Thank you so much Munchkin! I was wondering what it would be like the second time around in court, if it would in fact be more formal next time. You have really settled my nerves about that. After the first court date I filed with the courts my answer to the suit and included in my answer a request letter for validation of debt. I have not gotten any response. I think this site and the people here so incredibly generous with their time and experience as well as advice. It has been invaluable to me. I include you in that. I am in winnebago county. Best of luck to you in all your endeavors!

Keep us posted how it goes.

One other thing I want to add is that I hardly spoke a word at any of the court dates.

It was all communciation between judge & plaintiff. Honestly - the only questions the judge asked me was "Do you deny owing on this debt?" and I said "Yes." Good thing to - because I was sick to my stomach with worry @ each court date.

Hi Munchkin, I'll keep you posted! D

Capital One is suing me for payment on an account that they legally settled with me for below the market value. They've report such to Equifax and Experian since 2004 and 30 days ago they updated to 3 reporting agencies that it is a charge off and I owe them the money still. I've asked the bank for statements and other than written checks to Capital One I can't prove that I paid them off. I can't find any settlement document. It's been so long and I moved out of state 5 years ago and probably threw a lot of stuff away. Any tips?

Hi Debbie,

It might be past the Statute of Limitations (SOL). What state are you in? What was the state you were in?

It's kind of tough without any proof that it was settled. Hopefully it's past SOL.

chrys