summons by a credit buyer need help with summons answer
Date: Mon, 03/14/2011 - 15:21
I received my summons by certified mail today. Attached as exhibit A is a piece of paper that appears to be copied and pasted. they call it the STATEMENT. The very top says MCM with an address than you can see where a paper was placed and copied. it then has my name and address then below is a box that says a the top "statement" it then goes on to have the MCM account #, original Account # previous balance, interest rate, stattement date of 10-27-10 due date 12-22-10 accured interest
next is current owner: Midland munding llc/ original owner CITIBANK and then current balance.
below is "the above referenced account was purchased by Midland Funding and serviced by Midland Credit Management (MCM) The balance of $3,000 is due by 12/11/10 please direct all correspondence to midland credit management inc (and it has an address.)
I have never seen this paper before, it wasn't sent to me. It looks like it could have been typed up by anyone. Is this considered an affidavit? There are no signatures on it from anyone including from Citibank, or Midland or myself. Also, this credit card was opened in 1990 through Sears and my signature and agreement was with them then obviously changed to Citibank and then bought by Midland.
I am so lost as how to answer correctly the summons.
it states
1 The Plaintiff is the owner of the within credit card account through purchase.
2. by use of the account, the defendant became bound by the terms in the agreement. A copy of the STATEMENT is attached as exhibit A.
3. The plaintiff has exercised its rights pursuant to the terms of said agreement to accelerate the time for payment of the entire balance due and owing by the defendant to the plaintiff
4. The amount now due and owing is $2,958.00
5. Although demand has been made upon the Defendant to liquidate the balance due and owing, the Defendant failed to do so.
Again, I am lost as how to answer each. I deny the Plaintiff is the owner of the within credit card because I don't see any signatures/agreements/ specific to the original cc.
#2 the statement appears to be made up by Midland therefore I again deny it since it doesn't have any signatures isn't notorized by anyone from the original credit.
3. Unable to agree/deny idue to lack of information
4. can't agree or deny due to unsure how Plaintiff has come to this number since I have no contract written or verbal with them.
5. Deny since I have never heard of this Plaintiff therefore how could I have failed to pay.
I would appreciate any help you can give me and I am sorry this is so long. I can't sleep until this is taken care of.
next is current owner: Midland munding llc/ original owner CITIBANK and then current balance.
below is "the above referenced account was purchased by Midland Funding and serviced by Midland Credit Management (MCM) The balance of $3,000 is due by 12/11/10 please direct all correspondence to midland credit management inc (and it has an address.)
I have never seen this paper before, it wasn't sent to me. It looks like it could have been typed up by anyone. Is this considered an affidavit? There are no signatures on it from anyone including from Citibank, or Midland or myself. Also, this credit card was opened in 1990 through Sears and my signature and agreement was with them then obviously changed to Citibank and then bought by Midland.
I am so lost as how to answer correctly the summons.
it states
1 The Plaintiff is the owner of the within credit card account through purchase.
2. by use of the account, the defendant became bound by the terms in the agreement. A copy of the STATEMENT is attached as exhibit A.
3. The plaintiff has exercised its rights pursuant to the terms of said agreement to accelerate the time for payment of the entire balance due and owing by the defendant to the plaintiff
4. The amount now due and owing is $2,958.00
5. Although demand has been made upon the Defendant to liquidate the balance due and owing, the Defendant failed to do so.
Again, I am lost as how to answer each. I deny the Plaintiff is the owner of the within credit card because I don't see any signatures/agreements/ specific to the original cc.
#2 the statement appears to be made up by Midland therefore I again deny it since it doesn't have any signatures isn't notorized by anyone from the original credit.
3. Unable to agree/deny idue to lack of information
4. can't agree or deny due to unsure how Plaintiff has come to this number since I have no contract written or verbal with them.
5. Deny since I have never heard of this Plaintiff therefore how could I have failed to pay.
I would appreciate any help you can give me and I am sorry this is so long. I can't sleep until this is taken care of.
Oh I see you made your own topic! Did you get the answers I pos
Oh I see you made your own topic! Did you get the answers I posted on the old one?
