My boyfriend had a cc in 2004 that was bought from Aroow Financial for 2508.00 but that was 1/2 interest. And now the law firm has bought it from arrow and now tact on 24% interest and fees that is now 6900.00 aprox. I live in fl and he owns a corporation, 2 vehicles and makes less than min. wage, has a son. No money in bank. It has gone through court for over 2 years and the case was dismissed due to lack of prosc. Then they had a hearing to reverse this, it was granted due to they did not receive notice of dismisall. Now there is a trial set to hear the case. 1st they have bill of sale from original creditor, witness from cc company, but they have the wrong birthdate wrong address, and no original signed contract!! They have a few statement copies with no payments on them. Can I request proof of original contract, and proof of signed cc slips to prove this is the right person and signature? He does not recall debt, it was a long time ago and he does not use cc. Do I do this at trial or before trial, ask for discovery, original contract? proof of sale from collections ageny to law firm as well the bill of sale from arrow to chase bank? I have till Feb 11, for trial, they also requested to present by phone, can I object to that and ask the witness from collections to be present? Please help? Any suggestions? If they do prove the case and get judgment canI ask for payment plan, and the % be at 8% our sat. limit so it is reasonable? Excessive %? Or can they just seize money bank accounts? Corp? vehicles? Right away or if I pay $50.00 a month even though they did not agree can that save me from them seizing property? Or it doesn't matter? Help! Thanks

First things first: what state is this in? When was the last time he used the card and/or made a payment on the account?

You stated that the debt was purchased in 2004; the debt could very well be out of statute of limitations, but I need your location in order to determine that.

Also, if this was a personal account, they can't attach corporate assets. Second, YOU have no legal standing. You can help your husband prepare the paperwork, but that's all.

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Originally Posted by ScottGem

Also, if this was a personal account, they can't attach corporate assets.

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They can take the corporation (If I understand the OP correctly, BF is sole owner of corp.). And then they can take whatever the corporation owns.

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Originally Posted by this8384

First things first: what state is this in? When was the last time he used the card and/or made a payment on the account?

You stated that the debt was purchased in 2004; the debt could very well be out of statute of limitations, but I need your location in order to determine that.

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Fl and they bought the debt in 2004 last payment on account may 2004, and no proof of signed contract just copies of the mailed paper they send. They started proceedings in sept of 2007 for this case and have done nothing with it till dec 2009m when the case was dismissed for lack of prosc. And then the cacv of Colorado llc,( creditor), had a hearing with judge saying they never received dismissal info?? The hearing was granted an exstension for 45 days for them to make a trial date and they did of course! I have been to court over 9 times on this case and they have never showed up and it kept being continued and they tried to put a summary judgement and that was denied until a trial date was requested and they hve done that now. Doesn't a witness from chase have to appear to be cross examined? They do not have any witness from chase on the paperwork. Do I request discovery, proof of original contract, now or wait till trial to ask questions, I do believe the stat. limt is 5k so anything over will not matter anyway. But they have wrong birthdate,address, on paperwork concerning defendants information as well. Can I request for proof of this contract? They do have proof of sale from chase, and they have the affidavit of sale notarized, statements for 3 months with no payment info on them, nor purchases, Can I request the signed copies of purchases to prove this is him as well? Charge off date was 11-30-04 cert of assignment states. Help?? Thanks

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Originally Posted by AK lawyer

They can take the corporation (If I understand the OP correctly, BF is sole owner of corp.). And then they can take whatever the corporation owns.

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He is not the sole owner, it is a s corp, and I am also owner v.presd. He is president/director.

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Originally Posted by ScottGem

Also, if this was a personal account, they can't attach corporate assets. Second, YOU have no legal standing. You can help your husband prepare the paperwork, but that's all.

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Yes this was before business was ever made and it is personal debt. I am also a v.pres. On s corporation. I know I have no legal standing he does though!

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Originally Posted by sunsetgirl

he is not the sole owner, it is a s corp, and i am also owner v.presd. he is president/director.

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Really doesn't matter who are the officers and directors. What is the percentage of stock he owns?

I doubt then that they would go for the corporate assets. But in theory they could take his share of the stock. Liquidating it is probably more trouble than it's worth.

It is possible they can go after his stock in the company. But not corporate assets. But, unless the corp is making money they won't bother.

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Originally Posted by AK lawyer

Really doesn't matter who are the officers and directors. What is the percentage of stock he owns?

I doubt then that they would go for the corporate assets. But in theory they could take his share of the stock. Liquidating it is probably more trouble than it's worth.

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He owns 50% and I own 50% there is no assests of the corp anyway. They are owned by someone else, ex: equipment etc. if there is a judgment against him and is making payments, even though the collections did not enter into an agreement, can they still lien vehicles etc. even though you are paying payments and you do not make min. wage and is Head of house with child under 18 so they cannot garnish wages,no money in bank. Will they take vehicle if it is worth 3k and another vehicle for 250.00. That's all he owns. Thank for your help, maybe you can help answer the other questions, can I request original copy of signed contract now that a hearing has been set for trial, or do I wait till trial to ask, if there is no witness from chase, the coll. Agency cannot answer questions, can they?

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Originally Posted by ScottGem

It is possible they can go after his stock in the company. But not corporate assets. But, unless the corp is making money they won't bother.

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No the corp shows loss anyway no money being made, owe more than business is worh, also does He disclose this in the hearing for his financial after judgment or not disclose since it is not personal assetts?

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Originally Posted by sunsetgirl

... maybe you can help answer the other questions, can I request original copy of signed contract now that a hearing has been set for trial, or do I wait till trial to ask, if there is no witness from chase, the coll. agency cannot answer questions, can they?

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Yes, you must do your discovery prior to trial, if you hope to offer evidence to be obtained from them. If you can get them to admit, for example that they cannot produce a signed copy (request for admissions), you will have that point established at trial. If there is a trial they would offer testimony that they bought the account from the cc company, and offer probably business records (exception to the hearsay rule). Frankly, it's unclear why they are going to trial. Summary judgment is the easier and less expensive way to go, from a plaintiff's point of view.

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Originally Posted by AK lawyer

Yes, you must do your discovery prior to trial, if you hope to offer evidence to be obtained from them. If you can get them to admit, for example that they cannot produce a signed copy (request for admissions), you will have that point established at trial. If there is a trial they would offer testimony that they bought the account from the cc company, and offer probably business records (exception to the hearsay rule). Frankly, it's unclear why they are going to trial. Summary judgment is the easier and less expensive way to go, from a plaintiff's point of view.

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They tried to get a summary judgment and it was denied. That is why they are going to trial. They did buy the debt from cc company but there is no original signed contract from defendant, just the mailed bs they send in the mail on the little paper cards. And 4 statements that show no payments, no purchases, just name and address, the address is not correct. The birthdate is not correct either. So I ask for admissions request or discovery or both? The trial is set for Feb 23 2010. I can deliver the letter to court and to plaintiff. Thanks for your advice

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Originally Posted by sunsetgirl

... So I ask for admissions request or discovery or both? ...

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There are several discovery tools available to you. You need to make yourself familiar with each of them. Google "[your state] civil rules of procedure".

I suggest a RFA to settle the issue of whether they have a signed contract. If they don't come up with one within a certain time (~30 days normally) after requested to do so, you might be able to get the court to rule that one doesn't exist. Interrogatories are to request information you need to build your case, gather evidence, etc. You don't have much time left.