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I could really use some advice about this summons

Date: Wed, 03/18/2009 - 13:49

Submitted by anonymous
on Wed, 03/18/2009 - 13:49

Posts: 202330 Credits: [Donate]

Total Replies: 7


I recently received a summons from Daniels Law Office about a debt they were allegedly trying to collect on behalf of MBNA (now owned by Bank of America). I defaulted on a credit card in February, 2003, but I believe I re-aged it by making payments to Wolpoff and Abrams, another collection agency. I paid off most of the principal, but they had tacked on a couple of thousand dollars worth of fees and interest, and I missed a couple of payments. In June, 2008 Wolpoff and Abrams sent me a letter saying that they were willing to take a greatly reduced payoff amount to settle the debt. I contacted them via the email adress they gave me to say I was interested, but I never heard back from them.

In September, 2008 I was contacted by Daniels Law Office of Quincy, MA saying that they were trying to collect a debt. I sent them a Debt Validation letter via certified mail, and did not hear back from them for three months. In December, they sent me another letter, which was basically a computer printout restating the amount allegedly owed, along with a copy of a judgement from the National Arbitration Forum, which listed Wolpoff and Abrams, not Daniels as the collection agency. I sent another certified Validation request, asking for a copy of the signed original contract with the original creditor, payment history, how they calculated the amount allegedly owed, and verification that they were authorized to collect on behalf of the OC.

They did not send me the info I requested, but they did send a summons. I received the summons at 4 pm on a Friday, 16 days after they dated it, leaving me two days to reply. I sent them an answer (certified next day mail) and filed an answer with the court, disputing the amount allegedly owed. Now it looks like I am waiting for my day in court. Any advice?


from http://www.fair-debt-collection.com/SOL-by-State.html#22

Massachusetts Statutes of Limitation

Debt instruments issued by banks, Contract under seal: 20 years.

Judgments: 20 Years.

Oral or Written Contracts: 6 Years.

Consumer Protection Actions: 4 Years.

Recovery of Property: 3 Years.

Probate Claims: 1 Year from date of death.

Claims on mortgage notes following foreclosure or on claims junior to a foreclosed mortgage: 2 Years.


lrhall41

Submitted by smo65d11 on Wed, 03/18/2009 - 14:23

( Posts: 1467 | Credits: )