being sued 4 debt I cant verify? help!

Submitted by beck on Tue, 01/06/2009 - 14:10
Forums

I got a summons to pay a cc debt. The debt is 2k but I am being sued by a collection company, not the original cc lending company. I thought i had paid off this card years ago. I had not heard anything in 5+ years about this till now. My credit report does not even show the original CC debt, just the collection agy who is now suing me. I dont have anything showing I paid, It has been years and I have moved twice so i cant find paperwork. What do I do?

First you ust reply to the summons or they will win a default verdict. Secondly, what is the state you are in so that we can check the statite of limitations in that state. If this debt is past the SOL then they can sue you all thney want but will not win...unless you do not answer the summons. Is there any chance that you have the proof you paid off this card? If the original creditor is not showing on your report (on either the positive or negative side) two things could be going on here. A. The debt is past 7 years old and has "fallen" off your report or B. you did in fact pay off this card. Let us know the state so that we can begin there.

Wed, 01/07/2009 - 00:51 Permalink
beck1 (not verified)

I live in MI. I know it has been over 6 years since i payed this, but i cant find any paperwork even saying i had the acct...
How do I reply to the summons? do i need to get a lawyer or can i do this myself?
thanks for any help, I'm clueless.

Wed, 01/07/2009 - 01:39 Permalink

Subject: debt help 07 Jan 2009 01:39

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I live in MI. I know it has been over 6 years since i payed this, but i cant find any paperwork even saying i had the acct...
How do I reply to the summons? do i need to get a lawyer or can i do this myself?
thanks for any help, I'm clueless.
-sorry i was not logged in--

Wed, 01/07/2009 - 01:42 Permalink

The Statute of Limitation in MI is 6 years and so I think that the SOL must have expired by now. However, since you have already received a summon from the court, you should immediately file a response to the summon within 30 days of the date of receipt of the summon else the collection agency can bring a default judgment against you to recover the debt. To reply to the summon, you need to visit the court which has issued the summon and contact the clerks office from where you can get the format for filing the response.

Wed, 01/07/2009 - 06:25 Permalink

Yes, Carol is right. After filing the response to the summon, you can send a debt validation letter by certified post to be sure whether the collection agency is actually authorized to collect the debt or not. If before the court date the collection agency validates the debt, then try to settle it outside the court by coming to a repayment plan because if there is a judgment against you, your credit score may fall by 100 points. However, if they cannot validate the debt within 30 days from the date they receive your letter, then the judgment can go in your favor.

Wed, 01/07/2009 - 06:37 Permalink

ok I will see the court in the morning and file the forms, and send a DV letter to the collection agy..... is all this correct? they are trying to collect 2000 so i don't want to have to pay a lawyer. I'm so confused.
Thanks for the help

Wed, 01/07/2009 - 20:34 Permalink