Mr.yet, if you're out there, please help!!!!
Okay here is my situation. I live in KY. In 2002 I got in over my head in debt, (was 21 at the time) and defaulted on a couple of credit cards. I split with my husband as well, contributing to my lack of funds, and I moved back in with my mother. I know I moved in August 2002, and the reason I moved back home was I hadn't been able to pay my bills in July. That being said, I am only 50% sure I did not make July pymts to all accounts. (I may have paid some, but not others. I just know that I was not able to pay 100% of my July bills and paid none of August bills). Anyway, I'm being sued by "Midland Funding NCC-2", basically Midland Credit Management. They are represented by Mapother & Mapother in Louisville. I am so lost, I can't afford an attorney, and I really didn't think it would get this confusing!
Here is a breakdown of the timeline:
8/22/07: Received a civil summons via Certified mail, saying I was being sued. *Let me note that this was all new to me, and my summons only stated I had to make a written defense within 20 days. Didn't say to whom. Or where. Summons says I owe $1445.27.
9/7/07: I sent a request to both Midland and Mapother requesting validation of the debt. *I thought this was all I needed to do within the 20 days. So I didn't file anything with the court. So far, however, that has not yet been an issue.
9/10/07. Via receipts (sent debt validation CMRRR), tracked letters and both Mapother and Midland received request for validation.
9/21/07: Received a letter from Mapother claiming that they validated my debt previously on June 15th, 2007 (I never received that, obviously. In June I had no idea they were claiming I owed the debt, why would I have wanted it validated?) It stated acct opened on 6-7-01, OC was Citibank (I don't remember EVER having an acct w/ Citibank, am 100% sure of that), gives me an account # (looks like the credit card #), and says it was opened with a SSN ending in the last 4 digits of ****- same as mine. It also says it was closed on 3-5-2003. That would have been either 8 or 9 months after I first defaulted (seems a little long, but I don't know...) At the bottom it says I owe $1970.46- this was on 9/21/07. But in the summons dated 8/14/07, it said I owed $1445.27. So somehow in 5 weeks I accumulated anoother $500.00+ to my debt? (Also, I was 21 with limited credit, I had no accounts with a limit above $700.00)
9/27/07: Got a little information from Google and figured out I was supposed to file an answer with the court- so I filed a sworn denial of debt & a request for production of documents. Sent a copy to Midland CMRRR (did not send to Mapother as I had nothing saying they were the attorney on record, and I figure Midland is the one with the documents, not Mapother. In my request, I asked for a copy of the contract signed by me, complete payment history evidencing date of last payment, and all documents evidencing how they arrived at $1445.27 that I owe them.
9/24/07: tracked CMRRR, Midland received the letter.
10/6/07: Wow. Got a large packet from Mapother, regular mail. I thought it was the proof I was so eagearly awaiting. Nope, no such luck. Its a Entry of appearance for Mapother, First request for admissions, first set of interrogatories, and first request for production of documents.
So here I am. I have no idea how to answer these documents, and still don't even know if the debt is even mine or still a valid debt. Some of these questions seem really out there, like they ask for all my addresses within the last 4 years. Have I ever been convicted of a felony? Why does that matter (I have not, of course, my record is clean).
I know this is a lengthy post, and I am sorry. Can anyone please help me??????? Specifically I ned to know how do I answer their questions? (They are things like: "You had an acct w/ Plaintiff. RESPONSE:" and "Every statement or allegation contained in plaintiff's Complaint is true and correct. RESPONSE:"
Do I even have to answer them? What if I don't? I'm afraid of them tricking me into perjuring myself.

RichardBondMan

I read your post but not to be honest, thoroughly since I think you gave me enough info to lead me to believe that you need an atty to represent you. I know you probably do not have the funds to pay an atty but here's what I recommend and try this with at least two maybe three different law firms. Tell them upfront you need help, need to know what the cost might be to represent you, then if you need help paying them, see if they will agree to a payment plan for their fees. You have every right to know the anticipated cost, the likelyhood of a successful defense, etc.

mr.yet

Have you received validication of the alleged debt?

SHPS

No, all they sent me was a letter saying they already valdated the debt on 6/15/07. That's a bold faced lie, obviously.

mr.yet

This is how I would answer the interrogatories:
"I have no recall of the alleged claim from you, since you have failed the validcate the alleged debt, and I cannot swear under oath to this alleged matter, that would be prejury. Please validciate the alleged claim by producing the original contract with wet ink on it to compare signature." failure to provide validcation of this alleged matter could lead to counter sue for harrassment.

Now, this is how I would answer it

mr.yet

File a written complaint with the FTC on their failure to validicate the alleged debt, remember you need evidence of that failure, keep copies all documents you send.

swapwap

Richardbond man, I have yet to met an attorney who first doesn't try to settle out of court. That in itself is laziness. The attorneys are the butts who come up with all this legal mumbojumbo and love to keep us all in-the dark to there schemes and crap. they could care less about you and I . all they want is money in their pockets. sorry but I don't trust them any more than the jerks filing these suits. In America you still have to prove your case to sue. The Plaintiff must provide proof of the debt, and prove they have authority to collect on the debt.

I would suggest you send request for documents and request for admissions to the plaintiff and court to have on the docket. If they do not produce the information which is likely, then submit a motion to compel, they will of course move to strike this motion. I would then suggest you send a second request for documents, thereafter their response motion to summary judgment and end this crap they are trying to pull. realize in all likely hood they could win in the lower courts, however if you follow this process and fight them tooth and nail you should have a pretty easy time overturning the judge on appear. Remember, you will more likely be bulldozed fighting yourself and your due process rights being railroaded. This will give you ammunition if you need to fight on appeal. This craze process will last for about 2 yrs. This important thing is to never give up and NEVER, NEVER admit anything to anyone, even a judge. It is the Plaintiffs job to produce proof, not yours. Good luck

RichardBondMan

I have a difference of opinion with SWAPWAP about attorneys and their unwillingness to go to court, about their so called "laziness", and as to whether or not SWAPWAP's legal advice is solid legal advice. I still suggest that you see an attorney.

swapwap

ok then. Name some... I live in GA and have sought and found what I stated to be the case. Of course I can not say EVERY Attorney is that way, but most are.

No, I am not an attorney, but I have had no success in finding one willing to fight for due process and my rights without simply wanting large fees in advance.

swapwap

The point is these DCs are not following the law and Judges give these crooks more power than they deserve, often ruling in their behalf because unschooled citizens don;t know any better... who ever heard of suing someone for thousands of $$$$$ when you yourself bought the contract for less than $.07 on the dollar. We need to fight these crooks and alert our elected politicians to their crap.