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reneer
Jun 20, 2008, 12:16 PM
Can a law firm that has bought a credit debt list put two different accounts on a summary judgement?

This company sent me a summons for an account that was paid in which I provided documentation. The attorney told me that case was settled and I was not told until I showed up for this hearing.

When I arrived for the hearing, I was given a different Credit Card Company and different account number, that I had no clue about. The mediator told me that what he had did not have my name or signature on it, This account started in 1996, and there was a payment made in March of 2003 by me. MMMM

How can this firm submit two different transaction in one summons and not give me the proper information? He could not give me the verification of this account that it was mine. This was like a bait and switch.

I have nothing on the new a/c number the attorney gave me, nor is it listed on my credit report ever...

The judge set this for trial, knowing I was not given the correct information?

Please give me any advice as to how I can clear this up prior to the trial which is Aug 1st

Thank You

progunr
Jun 20, 2008, 12:21 PM
Send a letter, certified, return receipt requested, to the Attorneys office stating that you deny the debt, and that you are requesting validation of this debt.

Be sure to keep a copy of the letter, the certified receipt, and the green card that will be returned to you when they get the letter.

If they do not produce validation, simply take your evidence to the trial, show the judge that you requested validation, and that they never sent you the requested information.

There is always the chance that they will be able to prove the debt at the trial, and if they can, you will probably loose the case, but if they can't, and you produce this evidence, I believe the case will be dismissed without prejudice.

ScottGem
Jun 20, 2008, 12:21 PM
Not sure why the judge sent this for trial when the summons was for a different account. He should have seen they were on a fishing expedition.

But what you need to do now is send the plaintiff a letter requesting verification of the debt. Copy in the court. When they show up for the hearing without your signature on a contract ask that the case be dismissed without prejudice.