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-   -   Summons for bad credit card debt (https://www.askmehelpdesk.com/showthread.php?t=277032)

  • Nov 4, 2008, 10:50 AM
    Minni26
    Summons for bad credit card debt
    Hello- On Monday of last week I was Summons at home for a bad credit card debt. The amount that the summons is $11,930.45 but then it is scratched out and $9999.00 was written in. Weird? This is from a CC with Chase bank from 2004. The debt has been sold several times.

    Back in March of this year a collection agency/ Law firm (Cambece Law) called and tried to collect the debt. They couldn't get in touch with me so they called my mother. They told her I owe upwards of $17k. He left her his phone number and asked her to have me call. I called him and questioned him about giving her info. Illegal? He stopped calling. The debt was then sold to AM Systems whom has now Summons me.

    What do I do? I don't have the $9999.00 to pay. I would be willing to compromise to settle the debt and be on a payment plan. I also do not want to judgement on my credit.

    Any help would be great!

    Thanks...
  • Nov 6, 2008, 09:49 PM
    mlr08

    Try to relax. The fact that your debt has been sold several times is actually a good thing! It means the chances of the creditor (Cambece is a junk debt buyer) having the documentation to prove that you owe them the debt is slim. Most of the time they have a one-page affadavit and I'm betting if you check your credit report you'll find that somewhere along the lines your DOLA (date of last activity or the last time you paid Chase) has been re-aged. That is illegal.

    There are many defenses to this type of lawsuit and it takes some work but it's actually quite do-able to beat these guys at their own game.

    What you need to do is answer the summons by the date specified. If you do not, they will win by default and can freeze an account or summons your wages.

    There's a great article about the first steps to take when served with a summons at: Served a Summons Or Credit Card Debt Lawsuit - Don't Call the Creditor!

    Good luck!
  • Nov 8, 2008, 10:38 AM
    wz83k1
    You do need to answer the summons, if you don't you will have a default judgement. But I disagree with the fact that it is good that your debit has been sold several times. I also was sued by Chase after it being sold 4 times. You can still contact Cambece Law and try and settle.
    My suggestion is to write them and offer what you can. Be specific. If you can only pay $50 a month, then offer that (with a date of payment - $50 by the 1st of each month). Send it certified mail. They will most like respond, although they may counter your offer. If they do accept, ask for a "Stipulated Order for Conditional Dismissal". This document is filed with the courts and states that they are dismissing the case against you as long as you follow the conditions (which is the payment plan). If you miss a payment they can revoke this document and you will have judgement.

    I am not a lawyer. I am only offering my suggestion as someone who has had a similar experience. Good luck.

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