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I am now in the stages were I have 35 days to file an answer.
My debt has more then doubled since it was charged off 4 years ago. The new balance is now at $4,700. I have received no proof of accounting from the debt collector who is an Attorney. I did send them a dispute letter asking how they arrived at this figure, and they said "14% interest." They sent me two billing statments from 2003 as their proof.
I am worried that if I file an answer, this will cause the case to get tied up in the courts and sky rocket their Attorneys fees plus any interest. If they can prove their case, I may end up owing much more than $4,700.
My question to the forum is this: should I file an answer to their complaint?
File Notice of Intend to defend, this will cause a hearing to be set.
Now since they have fail to validicate the alleged debt, look up the Discovery rules in your state, they are online. Send a discovery to the attorney for the plaintiff, request certified copy of the original contract you signed, a complete accounting of the alleged debt.
When you get to the hearing, remember this no contract, no claim, also i the plaintiff in not in the court romm, move to dismiss for lack of jurisdiction. THe plaintiff must be present, no plainitff, no case. Attorney cannot testify for their client, not in brief or orally, hearsay Move to dismiss.
If the judge tries to trick you asking if this is your debt, simply state " I have no recall of this alleged debt, can the plaintiff produce the original contract to refresh my memory>
In my dispute letter, I addmited I had the CC account. Here is what I said:
After a work related back injury in the year 2003, I was disabled from work -- with no income and unable to make payments on this debt.
My credit line and balance with xxx Bank at that time was approximately $2,200.00 and I understand that this account was a credit card with interest. However, this account has laid dormant for many years and in that time xxx Bank has neglected to send me monthly bills and statements concerning this debt. Therefore, I am disputing this surprise bill in the sum of 4,244.23.
In my dispute letter, I addmited I had the CC account. Here is what I said:
After a work related back injury in the year 2003, I was disabled from work -- with no income and unable to make payments on this debt.
My credit line and balance with xxx Bank at that time was approximately $2,200.00 and I understand that this account was a credit card with interest. However, this account has laid dormant for many years and in that time xxx Bank has neglected to send me monthly bills and statements concerning this debt. Therefore, I am disputing this surprise bill in the sum of 4,244.23.
They still my have possession of the original contract you signed, so file the notice of intent to defend, if not they will obtain default judgment.
It seems like defending this claim will make it tougher for the CC company to win. They are probably banking on a default judgment. For their client to show up in court seems impossible as this is a very large bank in Virginia and I am in NJ.
You made a mistake in admitting the debt. Its very easy for accounts to double like that. Since you have admitted the debt its going to be harder to deny it even if they don't produce verification.
I would offer to settle for 50 cents on the dollar. If you can do that in a lump sum you may get them to take it.
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