Morgan & Pottinger - interest accuring

The validation letter should have been sent within thirty days of the first communication with them. What you need to do next is show up in court and hope that they don't. If they do, challenge everything that they have. Some states will require a mediation prior to trial. If you can afford ti go to NACA.com and find an attorney. Better to pay your own lawyer than theirs.

Please go to this link. It is important that you read it carefully. It will support what I said.
http://www.budhibbs.com/debtcollectorpages/collect_america_cacv.htm

I did not receive communication from these lawyers till this past weekend otherwise, I would have sent a dv letter. Is there anything I can do from my end? Can interest still accure on this account?

Believe me once I receive a date for court, I will be there.

I would still send a DV letter, certified mail, return receipt requested. I would state in the letter, the fact you never heard from this attorney's office until you were served with papers. Make sure you keep the returned, signed, card you receive back in the mail along with a copy of the letter.

It seems to me the attorney's office violated the fdcpa if they never contacted you before you were served with papers. I would also seek out an attorney. They would definitely be able to better help you.

I'm sure someone will be along to offer more advice.

There are established exemptions that allow lawyers to serve you without notice regarding fdcpa. I would still send a dv letter and make sure you answer suit in the required time. Once you answer make them prove the debt using established discovery motions.

Excuse me for my ignorance regarding all this, but what do you mean answering suit in the required time? I received the letter Friday 12/21/07 via mail when I got home from work. Called their office Friday but they were already closed and are not opened Saturday or Sunday, Monday & Tuesday were holidays so initial contact was made today.

This is what the letter states:

A civil lawsuit has been filed agaisnt you in the above sytled action. Settlement options may be available to satisfy the debt. If this is your intent, please contact our office. We gladly accept Visa and Mastercard for payments over $500.00

All contact with this office must include our file number.

Sincerly,
Morgan & Pottinger Suit Div
Non-Attorney Account Representative.

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When I spoke with the account rep Michelle she stated settlement could be offered for $800 during her speal to me.

I will be sending my letter today....

Sorry but I misread you. I thought that you received sonmething by regular mail earlier. If this was the first communication definitely send the DV letter!

Thanks for all your help everyone. Hopefully, 2008 my debts will start to decrease and put all these collections behind me.

It says in your first post that you verified with court that a suit was filed.You must answer it to avoid a default judgment.

I should have clarified myself, within my municipal court district we can verify electronically by name, case number for civil or criminal cases by doing a search. We do not have to call the courts personally or talk to someone. We can look up anyone to see if they are being sued if you just have their last name. And see the history of the suits for any case.

So do you or do you not have a law suit against you?

I would assume yes cause when I queried my name it comes up as being filed but no court date information.

You need to pull the file and see if they claim to have served you. That suit will require a answer.

Okay will do...but get this after going through paperwork I have files for my credit collections. I received a letter back in August 07 from Nelson Watts for this same account and I sent a dv letter back then. They in turn sent me a letter that they were confirming my request and all communication would be through mail etc and would provide the informaiton I requested in my dv letter. I never received anything else from then and now I get a letter from Morgan & Pottinger for the same account and they are suing me on behalf of CACH LLC. Its my own fault for not flagging Nelson's file to follow up sooner, now I'm assuming they sold it to Morgan & Pottinger. I just feel like there are a lot of holes in this account and now its in Morgan's hands and they filed civil suit. How can that be when Nelson was originally handling it on behalf of CACH LLC on behalf of GE Money Bank. I'm really confused...

If the first CA didn't/wouldn't validate the debt, and then sold it to another CA, I think that's a fdcpa violation right there. You'l want to have that first CA's file handy....

This is going to be long winded and I apologize..I received the summons via regular mail from the courts but do not know how to answer it. I never received a response from Morgan & Pottinger (CACH LLC) regarding the debt validation letter I sent along with the a copy of the letter to the first letter to Nelson Watson and their (Nelson Watts) reply to me. Morgan & POttingger received the letter since I sent it certified and return receipt, I have the copies.

The suite was filed in Ohio.
Summons state the following...
1.) Plantiff acquired and was assigned, for valuable consideration, all right, title, and interest in and to the claim set forth below orginally owned by Defendent(s) to GE MONEY BANK.
2.) As a result of said assignment, Platiff became and is now the owner and holder of account number xxxxx.
3.) The account in now in default, and there is now due and owing Plantiff on the account the principal sume of $1,002.57, plus interest at the rate of 8% per annum from December 31, 2006. As of November 29, 2007, the total due and owing Plaintiff is $1,075.74.
4.) The sums advanced on the account were not conferred gratuitously, but with the expectation of repayment.
5.) Supporting documents are nto available and are not attached hereto because, upon information and belief (a)Plantiff is not the original creditor and does nto have possession, custody, or control of said records; (b)copies were sent monthly to the Defendent(s), and are or were in the possession, custody or control of the Defendants(s); (c)said account records may be voluminous.
6.) Additionally, Defendant(s) has/have been unjustly enriched, and therefore owes the Plaintiff the sum of $1,075.74 as of November 29, 2007.
7.) Although demand has been made, the Defendants(s) has/have failed to pay the amount due and owing the account

Wherefore, Plaintiff prays for judgement against Defendant in the sum of $1,002.57, plus interest at the rate of 8% per annum from December 31, 2006, plus post judgment interest at the statutory rate and costs.

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Can some please help me on how to anser? I have copies of all my paperwork.

Thanks.

I forgot to ask this during my previous post, should I file a complaint against Morgan & Pottinger with the BBB and OH Att General? Since they failed to verify my debt validation letter and pursued seeking a summons against me. This is new to me on answer summons of what to do and what not to do. I know I have to answer it or they will win by default.

Thanks for your help.

Since the suit has already been filed they don't have to respond to the DV letter. However you can (during discovery) motion to show cause and request the information described in the DV letter. If they can't provide you with that then they cannot show cause and you can motion for the case to be dismissed with prejudice.

Make sure you serve them with the motion to show cause and that you follow proper service protocol for your state/county.

It will make things go a lot easier if you can afford an attorney. Also when was the last time you made a payment on this debt? Finally what state do you live in? If it is outside of SOL you can have the case dismissed based on that, that would leave you free to just save up the money and pay it off at one time (with all agreements in writing first of course) You should also make them validate first as well.

Quote:

Could the suit as initial contact be overshadowing?

I live in OH and have been making payments since Aug07 to Old Navy (orginal creditor. I never received an initial letter that is why I sent the dv in Dec07 to them once I discovered a lawsuit was filed against me by checking Parma, OH courts info and I received a letter from Morgan & Pottinger in Dec07 telling me they had filed a civil suit against me. So I'm confused, the only reason I know its for an old navy account cause I save all my paperwork from past dv etc. I know I have to answer the summons but what are my options, I can't afford a lawyer and feel like I may get screwed on this cause I don't have one. Morgan & Pottinger never responded to the dv letter or anything so do I counter sue?

Should I contact Morgan & Pottinger to see how we can resolve this debt even though they filed suit against me? I plan to answer the summons and am willing to settle but not for the amount they are seeking. Let alone I cant settle for one time payments I need them broken down over a 3 month period since I am trying to pay other cc and debts off.

Well, a suit for overshadowing and (unless they included it in the summons) failure to provide notification of debtors rights could be an option for you. You may wish to seek legal council first. At least get a free consultation.

--After speaking with the rep I asked questions cause I do not know who the original creditor is and she told me GE Money Bank but it did not help much cause I do not know what credit card that actually pertained to. --

You've skipped out on your debts so much that you can't even keep track of who you've cheated? Just send in your check already and end this nonsense.

Hey No Nonsense Collector:

I know what I had said and it was after speaking with the rep that I figured it out who it was for. By investigating the matter myself and finding old statements that I saved since when I was not in default I went to paperless which is the worst thing anyone can do, good thing I kept one original statement from each creditor. Regardless, if a rep does not answer the questions we as the debtor are asking in helping to determine who the original creditor is, its kind of hard. I am not blindly going to pay someone just cause they say they have my account. How many times do you people pass our accounts when we request additional info such as debt validation? You buy these accounts for pennies on the dollar and try to make a profit out of those who are in debt and trying to get back on track. Threatening and talking out of your A** is not going to get anywhere with people that's for sure.

Mamasita, don't bother talking to that thing. It's just trolling the boards. It doesn't even respond to anyone. It just spews bull crap from its mouth and posts something else later. Just do what I do, when it posts just ignore it.

By the way it violated the TOS by making a personal attack. If a moderator could please delete the post it made it would be appreciated.

Thanks JCEMT...

Its just gets frustrating when you are trying to get out of the hole, knowing the mistakes you made and trying to correct them and then having someone like that trolling the board.

Mamasita, the best thing to do is ignore them and don't let it bother you. You'll see a couple of posts I made under his name making fun of him. I just take it with a grain of salt.

Wanted to give everyone an update on this civil suit. I went to see an attorney this past Thursday and felt as if I wasn't getting anywhere. The first words were bankruptcy but I had actually gone in there to see how to answer this summons. Basically I was disappointed in their answer instead of helping me with this summons she gave me all this paper work to see if I qualify for chapter 7 or 13 when that is not what I went in there for and I stated that in my request to her office so I wasted $20 on a consulation and left there feeling ignorant.

So I thought I take another chance and call Morgan & Pottinger to see if we could resolve this debt without the courts. God was shining on me that day because the lady I spoke with "Wanda" was super sweet and helpful. She agreed to work with me and settled this account for $610 payable in 2 payments, Feb 29th and March 30th. I asked her then how do I answer the summons since we settled she stated "that I did answer the summons with this settlement". I asked but the court states they have to have something in writing by March 6th and again she stated that I did answer and the case will be noted with this inforamtion. I will receive a letter that this debt is paid in full once the last payment goes through and the court records will reflect that.

Now I know this is great news but I am still wry about not physically answering the summons. Suggestions?

I would suggest answering the summons still, in case they try to double dip and accept your payments and try for a default judgment on top of that. I would suggest that you should include that this settlement was made in your answer.

I recieved 2 letters on May 3rd from Morgan and Pottinger concerning a credit card debt I am not familiar with. The first letter stated that I had a debt of $5,000 from a company I had not heard of and I had 14 days to repsond and settle for half of the balance,that same day I recieved a letter stating that it was being turned over to court. Morgan and Pottinger are out of KY and I am in TN. On May 7th I was served official papers to appear in court, (less than 14 days after the two letters). My oldest credit card I currently have is from 2003, which I still pay monthly on, this has to be a credit card from college if it is an actual legitimate debt, which would have been in 1999. If that is the debt than it is far beyond the TN statute of limitations. My question is should I send a DV letter and a SOL letter, or just wait to fight this in court?

I received a letter from Morgan & Pottinger regarding a civil lawsuit. I am a full time college student and currently not working with no income. What can I do?