Credit Card Summons

The affidavit is worthless in court, how old are the statements?

Are they the final ones that show your last payment? The Statute of Limitation in Mass is 6years so that will not help.

Are you sure the summons is real? Did you check with the courts to see if it is actually filed? Is it filed in the court that has jurisdiction where you live?

Ask the court for the discovery documents so that you can request that the attorney provides you proof that the debt is yours, that they are authorized to collect said debt and how they came to the 10K total.

Most importantly answer the summons or they will go for a default judgement.

They sent me 6 Statements and they are from 04 05 and one from 07, One shows a payment from 04 and another from 05, the rest are late fees and credits, it is a real Summons, I got it from a Sheriff at my door and its from my local Court, Why is this affidavit worthless in court????, the funny thing is I am reading the Affidavit now and its says that account number Blank was open on this date by ss Number Blank, My ss# is correct But the Account number that they list is not is the Original Account Number, When I opened the account, I checked the statements and there all my Original account Number exp the Final Statement in 07, it looks like on that statement they started giving me a new account Number, and that Account number is on the Affidavit, I am not sure if that means anything maybe a loophole any help on that would be Great

Thanks

I just found a Red Flag on there part on the Summons Complaint, it states Credit grantor Charged off the Defendant's line of credit with the balance in the Amount of $7,244.07 on 9/19/2005, I just was looking at there Statements they gave me and I found a statement dated 10/14/2005, saying the Balance was $3,621.51, Dam Scum Bags

The affidavit is worthless because you can request that the person signing the document appear in court and explain HOW he/she knows that the debt is yours. The only valid and acceptable answer will be I was standing there watching it happen. Unless it was the bank employee who opened the account in person (if this was done in person) or someone you brought with you it is unlikely.

Just request from the court the document that compels a witness to appear and that doc will disappear.

Regarding the account number if the account was charged off it is unlikely that the bank issued you a new account number. So they will have to provide documents that this new account is yours and that the balance is valid.

Best thing to do is get the summons answered in as non-committed way as possible (answers such as I do not have enough supporting documents to either comfirm or deny this debt) do the fact that they have sent you conflicting information showing that the charge-off amount was $7,244 in Sept 05 yet the bank statement of Oct. 05 shows balance of $3,621.

Once that is done get the documents that forces them to produce evidence of their claim, original contract, how they came to the total stated, law or contract agreement tha allows them to collect interest, etc.

Then get the document that allows you to force the signer of the affidavit to appear for a deposition and to testify in court which is done under oath and subjects the person to perjury charges. They could deceide to retract the affidavit.

Once they receive your requests and respond you will get an idea of how strong their case is.

I am not a lawyer, I am just relating ideas that based on my opinion should give you information to base your decision to pay or not. Nothing should be interpeted as legal advice.

Most of these documents are generally available on the court website and can be filed out on-line.

wouldn't the statement from 07 be proof of the New account Number ????, There saying the account was charged off back in 05, Why would I still be getting a statement 2 years after a charge off????

Exactly my point, a new account number means, possibly, a new account make them prove where that account originated from.

Are these statement from BoA or something they might have created.

Basicaly my point is make them prove everything before you concede anything.

There all from Bank of America, The final one in 07 looks fish, But says bank of america

Here is my exact situation. It is for New York.

I received a "Sherrif's Income Execution Instructions to Judgement Debtor"

It has a Sherriff's File Numer on it - it is stamped, I think it may be a bogus number - I dont know. Althought it does say check should be payable to said Sherriff with a legit mailing address.

It is saying I must pay $5600 or my employer will have to execute this "Income execution" and garnish my wages by 10% of gross weekly.

What would happen if I quit and wasn't on the books? Could they go after employer?

Should I still try some of the suggestions in this thread?

ie.

1. Do I check with the courts to see if Income Execution is real and has been filed?

2. Do I ask the court for Discovery Documents so that I can request that the attorney provides me with proof that the debt is mine?

3. Do I ask for proof that they are authorized to collect this so called debt?

Here are some quotes from this thread and maybe a few others.

Any and all input would be greatly appreciated.

"The affidavit is worthless because you can request that the person signing the document appear in court and explain HOW he/she knows that the debt is yours. The only valid and acceptable answer will be I was standing there watching it happen. Unless it was the bank employee who opened the account in person (if this was done in person) or someone you brought with you it is unlikely.

Just request from the court the document that compels a witness to appear and that doc will disappear."

"get the documents that forces them to produce evidence of their claim, original contract, how they came to the total stated, law or contract agreement tha allows them to collect interest, etc.

Then get the document that allows you to force the signer of the affidavit to appear for a deposition and to testify in court which is done under oath and subjects the person to perjury charges. They could deceide to retract the affidavit.

Once they receive your requests and respond you will get an idea of how strong their case is."

Thank you in advance for your time,

M

Collection Laywer just called willing to settle for 4.2K, My first offer was 2K

Need Some Help wording my Answers Correclty on the Summons

Denfendant opened account on date blah blah ,

Answer cannot affirm or deny the statement in paragraph 3 without Original Contact from Creditor


Defendant used line of Credit for Purchases????

Defendant defaulted under terms????

Account was sold to Plaintiff on blah blah date in the amount of blah blah

plaintiff has made demand but defendment fails to make payment in full


Defendant owns Plaintiff blah blah amount


Any help would be great


Thanks

Mac, nothing in this thread is relevant to your situation since the creditor has already secured a judgement. We are talking about pre-trial tactics.

Figures, answer each and every question with something like "unable to confirm or deny based on lack of information of this debt".

Did you check your court's website to see if they have the docs online? If so get the one for discovery and file it with the court and make them provide their evidence. Also the one to get the affidavit signer under oath at a deposition.

Ok so I Answer Complaints 1-9 with just about The same Answer, Defendant does not have sufficient knowledge of plaintiff's claim, and therefore cannot affirm or deny the statement in paragraph without more information, the Repsonse, should not be more detailed?????

I have not checked for those Documents I will tho

what about a Wherefore ??????

Collection Lawyer Rep called me and said the Default Judgement has been sent out to the Court and I should try to Settle, it has only been 7 days since getting the Summons and it says I have 20 days to answer

So this is my Response to the 9 Compaints in the Summons Only one I affirmed was my name and address, I want to submit it to the Court in the Next few days, Any help would be Great

Thanks

Answer

Defendant Blah Blah Answering Complaint of Plaintiff CACH, LLC as Follows

1) Defendant Does not have enough supporting documents to either affirms
or deny the statement in paragraph 1

2) Defendant affirms the statement in paragraph 2.

3) Defendant does not have sufficient knowledge of plaintiff's claim, and therefore cannot affirm or deny the statement in paragraph 3 without more information

4) Defendant does not have sufficient knowledge of plaintiff's claim, and therefore cannot affirm or deny the statement in paragraph 4 without more information

5) Defendant does not have sufficient knowledge of plaintiff's claim, and therefore cannot affirm or deny the statement in paragraph 5 without more information

6) Defendant does not have sufficient knowledge of plaintiff's claim, and therefore cannot affirm or deny the statement in paragraph 6 without more information


7) Defendant does not have sufficient knowledge of plaintiff's claim, and therefore cannot affirm or deny the statement in paragraph 7 without more information

8) Defendant does not have sufficient knowledge of plaintiff's claim, and therefore cannot affirm or deny the statement in paragraph 8 without more information

9) Defendant does not have sufficient knowledge of plaintiff's claim, and therefore cannot affirm or deny the statement in paragraph 9 without more information



Defendant

Blah Blah

I changed 3 to 3) Defendant cannot affirm or deny the statement in paragraph 3 without Original Signed Contact from Creditor

and changed 6 to 6) Defendant does not have enough supporting documents to either comfirm or deny paragraph 6 do to the fact that the Plaintiff has sent me conflicting information showing that the charge-off amount was $7,244 in Sept 05 yet a bank statement of Oct. 05 shows balance of $3,621.

If #2 is def used line of credit I would use the unable to confirm or deny because you are stating that this is your debt and you used it.

No Number 2 was my Name and address, I am going to take the info to a lawyer today and he will do the answer to the summons for $150, I think its worth doing

I answered the Summons today at the Court House

I answered my Summons, Now today I got in the Mail a Letter for a Case Management Conference in 3 Months, I need some help on what I need to do, to be ready for this

Thanks

Before I try to Settle, What would be considered Proof that Cach Owns my Account from the OC and they have the right to collect from me the Amount Owed

Thanks for your Help

I wouldn't settle with them, they are a JDB that bought this debt for pennies on the dollar and now are trying to collect full dollar value plus interest. They are vultures. Fight them in court, attack the affidavit as a potential forgery, insist that the OC affiant testify. My bet is they will go away.

my court date is this coming this tuesday, I have asked them in discovery will the signer be at trial, they said the signer does not work for them, they work for BOA, So they went around my Question,

there affidavit has holes, these are the Disputes I have found

in Interrogatories the account number there saying was open and the one the affidavit says are different,

in Interrogatories there claiming account was charged off on sept 05 for the amount of 7,244.07 and affidavit says charged off 0ct of 07, and I have a statement from 10/05 with a balance of 3,621.51