Asked Mar 27, 2009, 04:51 PM
I was issued a Summons at 6AM to appear in court on April 14th in the state of Illinois. For a balance of $1844.93. I had a credit card that was issued with a Orchard Bank about 4 years ago. The balance at the time on March of 2005 was $335.02. I had stopped making payments at this time due to financial ruins with divorce and losing a home and raising a child. And a ex husband who contributed nothing on any of the bills as he was an alcoholic. No job he had. Or on anything with home or child support. Lost home! Moved on to better my life. After I settled with Orchard Bank to close account in March 2005. They relentlessly still sent statements for finance charges and I also had a Account Secure Plus Insurane on the account. Just in case I would go through financial ruins. That they would not charge more charges and cease the account. I paid $2.79 at the time for this a month. The credit limit was only $300.00 on the card. After continued months later they continued to charge more charges of late fees and over limit fees assessments. And at June of 2005 the statement read $532.03. The rate was 23.9% annual percentage rate. After calling several more times. They were certain the account was to be closed. On August of 2005 the statement stated the new balance was 682.78. I was furious and continued to leave another message with being assured that it was closed. In September of 2005 they must have sold the debit to a company called CCB Credit Service based in Springfield IL. And at that time they stated the balance had gone to $858.93 and they wanted to settle for the offer of paying the entire sum of $429.47. I contacted them stating that I could not afford it. And that this account was to be closed as of March of 2005. On December 13 of 2005 I received another financial statement from a different company. Must have been bought again to a company called Petagroup Financial LLC in Houston TX. They stated I have to pay the balance of $936.54. In August of 2006 another company by the name of Leading Edge Recovery Solutions in Linden MI sent me same notice to pay the balance of $936.54 by the same bank represented of Household Bank.. I ran my own credit report in March of 2008 and it states this account was charged off as a bad debit date closed was August of 2005. Last I paid on the account was February of 2005.
My question is yes I do not want to ignore the court date. But tell me how do they figure after the account was closed with a balance of $335.02. That without me signing anything they can continue to charge and sell to other financial institutions to get even more money from incurred fictitious charges? And shall I file a motion for discovery
. As these charges are fictitious fraudulent charges I did not approve of. There is nothing in writing that I signed over the years stating that I will pay this bogus amount. Or what is the law in Illinois for a credit card that was based in Baltimore MD and I reside in Illinois. I do not want to sit in court too like many I have seen on here all day long and to find out they want to garish my wages for a settlement of 25% or 50% for a fictitious balance over the years. Will they throw this case out due to me offering a motion for discovery? They have a attorney fee on the summons for $350.00. Yes the attorneys sound desperate for thinking that they are going to get there money. And to get this continued I really hardly think that the attorney wants to continue a 2nd time to pursue as it is not worth their time and effort and money. I would think the attorney would not show up there to represent a company based out of Michigan. And the judge would rule otherwise.
One other note there is a Affidavit of Indebtness attached from a Lawrence Spilg from J.R.S.-I, Inc. Is this fictitious too? Into scaring the consumer accounts who's credit card companies have already settled with them. Are they trying to get something for nothing?
I strongly believe I was fraudulent charged over the years with no agreement or signing any motion to pay any of these incurred debts. Any advice would be greatly appreciated before I go to court in the next couple of weeks. Shall I file for a discovery or a motion of detent to defend. I too work and do not want to sit in court all day to miss making money to loose my job.